Terms & ConditionsFlyAfricans
Booking Terms and Conditions
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
Our differing obligations are set out below, in three separate sections: Section A contains the conditions which will apply to all bookings. Section B contains the conditions which will apply when you make a booking with us where we act as the package organiser. Section C contains conditions which will apply to online competitions and text/sms competitions. Section E contains the conditions which will apply to the Black Friday promotion. Section F contains the conditions which will apply to the Vietnam and Cambodia campaign and competition.
SECTION A – APPLICABLE TO ALL BOOKINGS (UNLESS STATED UNDER EXCEPTIONS)
When you make a booking, you confirm that you have the authority to accept and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every member of your party. It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.
When you make your booking, you must pay the relevant deposit or full payment as specified at the time of booking. No contract will come into existence until we accept your booking and we receive your deposit or full payment in cleared funds and issue you with a confirmation invoice either on behalf of ourselves or the supplier in question.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately. Please ensure that the names given are the same as in the relevant passport.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.
A2. Discounts & Offers
FlyAfricans offers return travellers a discount of 10% on all future tours booked directly with FlyAfricans. When booking through a travel agent, please note that your return customer discount will NOT be applied.
It is important that you inform us of the fact that you are a return traveller before your tour is paid in full so that we can apply this discount to your booking. No refunds will be processed to return customers who inform us of their return customer status after full payment has been made.
The return traveller discount is only applicable on the tour component of a booking. The discount is not applicable on any single supplements, pre/post tour accommodation, optional excursions or other additions or upgrades on your booking.
Unless explicitly stated otherwise multiple discounts and other offers cannot be combined, and cannot be applied to existing bookings.
At the time of booking you will be required to pay a deposit of 10% of the tour price or a minimum amount per person (whichever is greater, see table below) or make full payment for your booking if booking less than 45 days before departure. Where you only pay a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Alternatively, where you have booked a package with us, you will be subject to our cancellation charges as set out in Sections B below:
Currency Minimum Deposit Value
GBP The greater of 10% of the total tour cost or GBP 50 per person
CAD The greater of 10% of the total tour cost or CAD 110 per person
NGN The greater of 10% of the total tour cost or NGN 10% of total cost per person
USD The greater of 10% of the total tour cost or USD 110 per person
AUD The greater of 10% of the total tour cost or AUD 110 per person
ZAR The greater of 10% of the total tour cost or ZAR 1000 per person
EUR The greater of 10% of the total tour cost or EUR 75 per person
Please take note that while FlyAfricans does not charge any payment processing fees, you may incur cross-border charges set by your bank or credit card provider, when using your card to make an online payment. FlyAfricans is based in Nigeria and cross border charges may be incurred if you are based outside Nigeria. These charges are set by your bank or credit card provider and not by FlyAfricans. These charges are non-refundable. If you are unsure if you will incur cross border charge, please contact your bank before making a payment online. If you would rather make a payment via bank transfer, please contact our customer service department for further details.
Once a booking has been created and the initial deposit or full balance payment paid, the currency can no longer be changed on that booking.
Note: The above terms apply to all tours except those bookings listed within the next section “A3 Payment - Exceptions”.
A3. Payment - Exceptions
Where 15 people or more are booked on the same reservation, you will be required to make deposit payments as set out below:
10% deposit payment due when the booking is created (non-refundable)
25% of booking value due 180 days before travel (non-refundable)
Full payment due 60 days before travel
Online payments will not be accepted for group bookings; clients should transfer the payment into our ZENITH bank account (FNB bank account for residents of South Africa).
Latin & South America Tours Bookings:
At the time of booking you will be required to pay a fixed deposit as per the table below or make full payment for your booking if booking less than 45 days before departure. Where you only pay the fixed deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Alternatively, where you have booked a package with us, you will be subject to our cancellation charges as set out in Sections B below.
Currency Minimum Deposit Value
GBP GBP 69 per person
CAD CAD 129 per person
NGN NGN 10% of total cost per person
USD USD 99 per person
AUD AUD 129 per person
ZAR ZAR 1,490 per person
EUR EUR 89 per person
We endeavor to ensure that all of the information and prices both on our website and in our brochures are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
A5. Special Requests
If you have any special requests please let us know at the time of booking. We will pass on all such requests to the supplier/representatives but we do not guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of booking with us. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information will affect your insurance. You agree to provide us with a copy of your insurance policy on request.
Please note we do not check insurance policies. If you choose to travel without adequate insurance cover, we will not be liable for any losses however arising, in respect of which insurance cover would otherwise have been available.
A7. Guaranteed Departures
All tours operated by us are guaranteed departures and will operate unless force mature circumstances or other unforeseen circumstances arise. Due to the traveler numbers on a specific tour, we reserve the absolute right to change the type or style of transportation or other elements, to enable the tour to operate.
A8. Accommodation Ratings and Standards
On any of our European tours, Egypt tours, Turkey & Greece tours and Croatia tours, accommodation is provided in twin accommodation, which may be two single beds or a double bed and a bunk bed. In certain locations, particularly in Austria and Switzerland, a twin is commonly accepted as referring to two separate mattresses and duvets contained in one large frame.
Two travellers booking together will be accommodated in a twin room. Three travellers booking together will be accommodated as follows: two travellers will be roomed in one twin room; the third person will be accommodated in a same gender twin share room. We will use our discretion in allocating the third person to a room share; unless we are otherwise advised in writing as to who will be sharing with whom.
Triple rooms can be requested, in writing, but cannot be guaranteed in every location in which event the above situation applies. Most hotels have rooms that will take an extra bed if required. These extra beds may be bunk beds, fold-away beds or sofa beds. Where an extra bed is added this may limit the space available.
Single travellers will be accommodated in same-gender twin rooms paired with another single traveller, unless they pay a single room supplement at an additional cost. Single rooms do not always match up either in size or facilities to twin bedded rooms.
Please note that in some properties, lifts may not directly service all floors and access to and from these floors may be by stairway only. Please note that porter services are not standard and not available at many hotels.
Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
Safety standards in some countries may differ from those applicable in the United Kingdom. We strongly advise that all customers seek to minimize their exposure to injury by familiarizing themselves with relevant safety information that may be posted around the hotel or anywhere else.
Meals are included as stipulated in the tour itinerary, check your specific tour itinerary on our website for details of which meals are included. Vegetarians can be catered for, so please inform us at the time of booking, as well as your tour leader at the start of the tour. Please be aware that in many parts of the world vegetarian meals are classified as meals without meat or fish, and may not be what you are used to. Specific religious dietary requirements can be catered for by providing the vegetarian option. Non-included meals are at your own expense. This allows you the opportunity to try the local cuisine.
There is always an excellent range of restaurants and supermarkets to choose from in each destination. You will also need to purchase drinks and snacks for long bus or coach journeys as there may not be the opportunity once on board.
A10. Fitness to Travel, Age and Medical Conditions
If you have any medical condition, disability or special requirements which may affect your holiday, please tell us before you confirm your booking, as we are able to make inquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking.
Clients are also expected to accept that the components described constitute "Adventure Travel" and that travel to and facilities in other countries will not be to similar standards which they may be accustomed to at home.
Persons over 65 years of age may be asked to provide medical evidence of fitness to travel on certain itineraries. Minors (those under 18 years of age) are accepted on some group tours operated by us at our discretion provided they are accompanied by a parent or guardian who accepts full responsibility for them. Unaccompanied minors will not be accepted. We have recommended ages for participation in group tours which act as a guide only. Please note that no persons under 10 will be accepted on our tours unless this is formally requested in writing. FlyAfricans reserves the right to allow or deny younger travelers onto our tours at our discretion.
All itineraries include a large amount of walking. Walking tours may take up to three hours, and walking to and from hotel and restaurants is unavoidable. All itineraries include the use of public transportation, which can be public buses, trams, trains and metro. The coach will not be used on all days due to driving hours legislation.
Clients agree to accept the authority and decision of our employees, tour leaders, and agents whilst on tour with us. If in the opinion of such a person, the health or conduct of a client before or after departure appears likely to endanger the safety, comfort or enjoyment of a tour, the client may be excluded from all or part of the tour, without any refunds. In the case of ill health, we may make such arrangements as it sees fit and recover the costs from the client.
If a client is excluded from the tour as above or chooses to leave the tour of their own free will or leaves the tour due to ill health or any other reason there will be no refund of the tour price, extra services, surcharges, local payments/funds or any local surcharges. All services forming part of the whole package booked will be forfeited though may be recovered through travel insurance in some circumstances.
Please be aware that the booking conditions of the supplier will normally state that your holiday arrangements can be terminated, with no refund, if the behavior of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation or services in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
All participants in tours operated by us are expected to obey the laws and regulations of the countries visited and any failure to do so may relieve us of any obligation that they may otherwise have under these booking conditions.
A12. Passports, Visas and Health
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. Your specific passport and visa requirements, and other immigration requirements, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates prior to travel. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements and normal cancellation fees will apply
We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit FlyAfricans.
A13. Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the relevant departure point.
To fully prepare yourself for your tour FlyAfricans strongly recommends you download and read the pre tour documents that are available to download from the website. The most up to date documents can be found on the website and should be downloaded at least 5 days prior to departure to ensure you have the most correct and up to date details.
A14. Check-in & Check-out
Generally hotel rooms will be available for check in between 12.00 noon and 15.00 with check out between 10.00 and 12.00 noon. Please note that our itineraries often require that we deviate from these times in order to stay on schedule.
Where you have booked a package holiday with us or a single-element booking where we are acting as principal, please inform your Tour Leader about any queries or concerns immediately or contact us via the contact numbers listed on our website. If your complaint is not resolved locally, please follow this up within 14 days of your return home by writing to us giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay whilst on tour. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on tour and this may affect your rights under this contract.
If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact us. However, any assistance will be provided as a gesture of goodwill.
A16. Lost property
FlyAfricans and its staff do not accept liability in respect of any loss or damage to articles brought on tour. It is the sole responsibility of all guests to make arrangements for adequate insurance coverage on all valuable items prior to departure. Should any items be left behind at our partner hotels whilst on tour, it is your responsibility to contact the relevant hotel to make arrangements for the items to be returned. FlyAfricans will assist where possible in the tracking of lost items. Should the item be found it will be posted to you. You agree to pay a handling fee of NGN10000 per lost item as well as the relevant postage fee. FlyAfricans accepts no liability for helping with your lost property, nor do we take responsibility for any loss or damage to your luggage while on our vehicles or public transport.
A17. Financial Protection
In relation to package holidays sold by us, the Package Travel (etc.) Regulations require us to provide security for the monies that you pay and for repatriation in the event of our insolvency.
A18. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
A19. Law and Jurisdiction
These terms and conditions are governed by English law and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of England and Wales (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable)..
If any exclusion(s) or limitation(s) contained in these Conditions is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Conditions for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Conditions.
A20. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
A22. Account Registration
In order to access and use certain features on FlyAfricans, you must register for an “account”. You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
Your account is for non-commercial, personal use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity or pseudo names), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts on FlyAfricans
FlyAfricans reserves the right to close your account at any time for any or no reason.
We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you misuse the Website. Any such termination or suspension could prevent you from accessing your account, the Website, your Content, Website Content, or any other related information.
You may terminate your account at any time by closing or deleting your account, and discontinuing your access of any and all parts of the Website.
As a user of FlyAfricans, you understand and agree that:
Neither FlyAfricans nor its affiliates will have any liability to you or others for any unauthorized transactions made using your account access details; and
The unauthorized use of your account could make you liable to both FlyAfricans and other users.
SECTION B: PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Holidays booked with us as Organizer. Please read this section in conjunction with Section A of these Booking Conditions.
B1. Definition of Package
A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organizer” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
When you book a Package with us, you must pay either a deposit or the full balance of the total advertised price, if booking within 45 days of departure. Where you pay only a deposit at the time of booking, full payment is due no later than 45 days prior to departure.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed Package is subject at all times to changes in transport costs such as fuel, any other cost changes which are part of our contracts with operators and any other transport providers; changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports any or all of which may result in a variation of your holiday price.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 14 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
B3. Changes by You
If you wish to change any part of your Package after your deposit has been paid, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change.
Where we can meet a request, all minor changes will be subject to payment of an administration fee of NGN10000per booking per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs will increase the closer to the departure date that changes are made and you should contact us as soon as possible. The amendment fee must be paid within 24 hours from when you receive confirmation from us that the requested change can be made.
Customers are permitted to make one tour or departure date change. Any further changes will be treated as a cancellation, see Section B4 below. No deposit payments can be placed on "hold" and customers looking to change their selected tour must select a new tour and date displayed on the Expat Explore website at the time of informing us of the change.
Please Note: Whilst in most cases name changes are considered “minor changes” the fee associated with name changes will be determined by tour inclusions such as flights and ferries.
Period before departure within which notice of change by you is received Amount charged for the amendment
90 days or more before departure NGN10000
60 - 89 days before departure NGN10000
45 - 59 days before departure NGN10000
30 - 44 days before departure 40% of holiday cost
15 - 29 days before departure 70% of holiday cost
14 days or less before departure 100% of holiday cost
Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee will be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
B4. If You Cancel
If you or any other member of your party decides to cancel your confirmed Package you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices or by email (when you receive an email response confirmation from us). Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling, excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling).
Period before departure within which notice of Cancellation by you is received Amount of cancellation charge
45 days or more before departure Loss of deposit
30 - 44 days before departure 40% of holiday cost
15 - 29 days before departure 70% of holiday cost
14 days or less before departure 100% of holiday cost
Please note that certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charges from any monies you have already paid to us.
B5. If We Make a Change or Cancel Your Package Holiday
It is unlikely that we will have to make any changes to your Package, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your Package. However, we will not cancel your travel arrangements less than 45 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. Most alterations will be minor and while we will do our best to notify you of any changes as soon as reasonably possible if there is time before your departure, we will have no other liability to you. Examples of “minor changes” include the following when made before departure:
A change of outward departure time or overall length of your holiday of twelve hours or less.
A change of accommodation to another of the same standard or classification.
Replacing one or more destinations or included experiences with comparable alternatives.
Changing the order of the itinerary (without affecting the destinations and included experiences).
Occasionally we may have to make a major change to your Package. Examples of “major changes” include the following, when made before departure:
A change of accommodation area for the whole or a significant part of your time away.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
A change of outward departure time or overall length of your arrangements of twelve or more hours.
If we have to make a major change or cancel, we will tell you as soon as possible via email and if there is time to do so before departure, we will offer you the choice of (for major changes):
accepting the changed arrangements;
having a refund of all monies paid; or
accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer in writing. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 45 days before departure, we will also pay compensation as detailed below:
Period before departure within which notice of Cancellation or major change is notified to you Compensation payable per person booking
45 days or more Nil
31 - 44 days NGN10000
30 days or less NGN20000
We will not pay you compensation where we make a major change or cancel more than 45 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements. (We will tell you if we have to cancel for this reason not less than 45 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. In no case will we pay compensation if accommodation is offered by us and accepted by you in the same location with a higher price than at the time of the original booking, where no additional payment is made by you for the higher priced accommodation.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by "force majeure" to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
B6. Our Responsibilities to You in respect of Package Holidays
B6-1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
B6-2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
1. the act(s) and/or omission(s) of the person(s) affected;
2. the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
3. unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
4. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
B6-3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
1. For loss of and/or damage to any luggage or personal possessions and money:
The maximum amount we will have to pay you in respect of these claims is £ per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
2. For claims not falling under 3(1) above and which don’t involve injury, illness or death:
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
3. For claims in respect of international travel by air, sea and rail or any stay in a hotel:
1. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); EU Regulation 392/2009 (relating to the Liability of carriers of passengers by sea in the event of accidents); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can request copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
2. In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
3. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
B6-4. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
B6-5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
B6-6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
B6-7. We will not accept responsibility for services or facilities which do not form part of our Agreement, or where they are not advertised in our brochure. This is for example any excursion you book directly with an external supplier, or any service or facility which your hotel or any other supplier agrees to provide for you.
Extra activities will be available on all tours, that will enhance your travel experience, but you have a choice as to whether or not to participate. Please note these are not part of your tour, These excursions are not operated by FlyAfricans, nor do they form part of your contract with us. Whilst we may arrange the activity, where we do so we act as an agent of the local supplier. Should you participate in any extra activities your contract will be with the local supplier and their conditions will apply.
B7. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your Coach or other transport arrangement, it is cancelled or you are subject to a delay for any reason on the day of departure, you must contact us and any other transport supplier concerned immediately.
The Package Travel (etc.) Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Our tours run to a schedule and if you, or any member of your party is late during the tour, you may be left behind. If this occurs, please contact your tour leader and they will provide you with assistance to help you travel to the next destination, please note that any costs incurred will be at your own expense. The departure times during the tour are set by the tour leader and driver and will be notified to you at each stop.It is your responsibility to be on time, failure to be on time can cause delays to the tour itinerary.
B8. Our Staff
Our staff has been carefully chosen, and undergoes comprehensive training. Tour leaders and drivers are authorised to have well deserved rest during tour; these are the 'free days' as part of the tour itinerary. Although the staff are on a rest day, they are on call for any emergencies.
SECTION C: ONLINE COMPETITIONS AND TEXT/SMS COMPETITIONS
These are the standard terms and conditions for competitions conducted or promoted by, or in association with, FlyAfricans .
C1. Your Entry
Your entry into the competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons.
C2. Eligible Participants
Competitions are not open to:
Directors, members, partners, agents, employees or consultants of FlyAfricans Ltd any supplier of goods or services in connection with a competition; and
The spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 3.1 above.
C3. Underage Participants
Entrants under the age of 18 must obtain permission from their parents (or legal guardians) before entering.
C4. Limit on Number of Entries
Unless otherwise specified in the competition rules, you may only enter the competition once at any point before the closing date. You may not participate in or win a competition if you have won a competition promoted by us within the past six (6) months. You will be eligible to participate in a competition promoted by us after the expiry of six (6) months after the date on which you won the last competition.
C5. Entering by Mobile/Cell Phone
If you use a mobile/cell phone for entry into the competition, the telephone calls / text messages you make will be charged at the prevailing rates, which may vary from time to time. "Free" minutes under a cell-phone contract do not apply.
C6. Timing of Entry
It is your responsibility to ensure that your entry is received by us prior to the closure of the competition. Any entries which are not received by us prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. We and/or our affiliates are not responsible for any entries which are not received by us, whether timeously or at all, regardless of the cause thereof. Without limitation, we and our affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer systems (hardware or software), servers, or providers, network traffic congestion, or any combination thereof, or any other technical or other problems.
C7. Injury or Damage to Device Used for Entry
We and our affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.
C8. Accuracy of Submitted Information
It is your responsibility to ensure that any information which you provide to us is accurate, complete and up to date.
C9. Additional Costs of Entry and Prize
Any costs which you may incur other than in respect of those items specifically included in a prize are for your own account. FlyAfricans will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.
C10. Representation and Warranties Relating to a Prize
We do not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that –
your entry or participation in the competition will necessarily result in you winning a prize;
a prize, or any aspect thereof, will meet your, or, if applicable, your partner’s, requirements, preferences, standards or expectations; or
a prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
C11. Provision and Use of a Prize
D11-A. We and our affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
D11-B. Prizes are not transferable and may not be deferred, changed or exchanged for cash or any other item.
D11-C. You may not win a prize if it is unlawful for us to supply such a prize to you. If you do win such a prize, you will forfeit it.
D11-D. You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities. Please refer to our Standard Terms and Conditions.
C12. Notification of Winner
The winners will be notified by means of the contact details provided to us. If we are, or a third party supplier is, unable to contact a winner within 10 working days or if the winner is unable to collect the prize within 30 days, the winner will forfeit the prize and FlyAfricans reserves the right to re-draw a new winner under the same conditions.
C13. Participation of Winner in Marketing Activities
We may invite you to be present when the prize winners are determined or announced, to participate in any of our marketing activities, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of our goods or services, for which no fee, royalty or other compensation will be payable. You may decline such an invitation.
C14. Provision of Personal Information by Winner
We may require you to provide us with such additional information and documentation as we may reasonably require in order to process, confirm and facilitate your acceptance and/or use of a prize. If you refuse to provide us with the requested information or documentation, you will forfeit the prize.
C15. Prizes Provided by a Third-Party
In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. FlyAfricans will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
C16. Cancellation of Competition
We and our third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against us, our affiliates and third party suppliers.
C17. Participation in Competition
You agree that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
C18. Liability for Competition and Prize
We and our affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your partner (if applicable), of any prize, or by any action taken by us or any of our affiliates in accordance with the terms and conditions.
C19. Claims in the Event of Death
You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold us and our affiliates harmless against any claim by you, or your partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.
C20. Acceptance and Use of Prize
You acknowledge that the acceptance and use of a prize is subject to the proviso that -
all of the terms and conditions will apply to both you and your partner (if applicable), and you will ensure that your partner agrees to be bound and complies, and will continue to comply, therewith;
you will take full responsibility for your partner;
you indemnify and hold us and our affiliates harmless against any claim by your partner or any third party in the event that your partner suffers any loss or damage pursuant to your partner’s acceptance and/or use of a prize;
any minor will be accompanied by a parent or legal guardian.
C21. Failure to Comply with Terms and Conditions
If you fail or, if your partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, –
you will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize);
you will pay us for any loss or damage incurred by us directly or indirectly as a result of your (or, if applicable, your partner's) non compliance, including all of our legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your partner’s) non-compliance; and
you indemnify and hold us and our affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your partner, if applicable) to comply therewith.
C22. Definition of Affiliate
For purposes hereof, "affiliate" means our partners, agents, co promoters and sponsors of this competition, our subsidiaries, our and their subsidiaries and respective holding companies, the subsidiaries of their holding companies, and our and their directors, officers, employees, agents and representatives.
C23. Final Decisions Made in Relation to Competition
FlyAfricans and the judges' decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.
C24. VIP Classification
To qualify as a ‘VIP’ you must have fulfilled one or both of the following conditions:
(a) have paid for a booking in your name in full with no outstanding balance remaining.
(b) have travelled on at least one FlyAfricans tour.
C25. Auctions & giveaways
All bids are subject to availability and our standard booking terms and conditions. Available for South African residents only. Only ages 18 and over are allowed to participate in the auction. Prize cannot be redeemed for money. Prize is subject to our standard terms and conditions.
SECTION D: BLACK FRIDAY PROMOTION
In addition to FlyAfricans standard Terms & Conditions, the following Terms & Conditions apply to our Black Friday promotion(s). In the event of a discrepancy between the standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.
D1. Entity Operating this Promotion
The promoter is FlyAfricans / Address: 29,Opebi Road,Ikeja,Lagos,Nigeria / Tel: +2347066471744 / Email:email@example.com
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Google Plus or Twitter. Any questions, comments or complaints regarding the promotion should be directed tov using the contact details listed above.&