All travel offers are offered by African Flying Adventures BV.
Terms and Conditions
The following booking conditions, together with the information set out on the relevant Tour page on the African Flying Adventures website, resulting in our Tour Offer to you will form combined the contract between you and us for your holiday with us. In this contract, a reference to “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
We are African Flying Adventures BV, with our office at Veerpoortstraat 7-9, 6981 BL Doesburg, The Netherlands. African Flying Adventures BV is a Dutch limited company. African Flying Adventures BV is your contracting party for any touristic activity including self-piloting flying adventures involving lodging, (commercial air) transportation or other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of our offer. All general aviation (GA) and self-fly related activities and associated services, such as (making arrangements for) flight training, renting out aircraft to you or other GA-related services are not part of our offer, unless explicitly stated in our Tour Offer.
In this agreement, the following definitions apply unless the context requires otherwise:
“Meeting Point” – means the place specified by us in the Tour Pack as the place we will meet and start your holiday.
“Start Date” – means the date on which we meet to start your holiday.
“Tour” – means a holiday organised by African Flying Adventures BV.
“Tour Offer” – means whatever documents, price offer and associated terms and conditions we send to you in hard or soft copy to provide information, prices and conditions about your Tour.
“Tour Package” – means a pre-arranged combination of at least two of the following components when offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:
(c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package;
What is in the Holiday
- The following items are included:
- accommodation and all meals in lodges (unless otherwise stated in the itinerary);
- accommodation and breakfast in hotels (unless otherwise stated in the itinerary);
- safaris as offered by the accommodation as part of their standard accommodation price;
- drinking water;
- The following items are not included:
- any travel to or from the Meeting Point at the start of your Tour to your return home at the end of the Tour from the Meeting Point (which is likely to be the same place), unless specifically specified in our Tour Offer;
- all other costs incurred before you arrive at the Meeting Point and after you return home from your final destination Meeting Point;
- travel insurance or any other insurance personal to you;
- passport, visa costs;
- vaccinations and medication, before, during and after the Tour;
- food and drink over and above what we include in the Tour, special wines, exclusive spirits and champagnes;
- gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate;
- aircraft rental, aircraft fuel, landing fees, flight training or piloting of your own or rented aircraft;
- flight permits, overland clearances, landing permits;
- taxis and local transportation;
- commercial flights, unless otherwise specified;
- car rental arrangements, unless otherwise specified.
Booking your Holiday
- You can book at any time after you showed us your interest by e-mail or through our website form and, thereafter, we send you our Tour Offer by e-mail, and with that the time that our Tour Offer is valid. We will hold a provisional booking for at most seven days after your booking to allow you time to send us a confirmation and a reservation deposit. We follow this strictly because many holidays are booked up fast. When we receive your deposit, we will send you a confirmation invoice which confirms your booking. The contract between us comes into existence at that time. You undertake to pay for the holiday you have booked and we undertake to provide you with the holiday we describe in the provided Tour Offer.
- If you make a booking on behalf of others as well as yourself, we shall take it that you have the authority of each of those other people to enter into the contract on the basis of these booking conditions and that you and they have agreed to be jointly and severally liable to us.
- If we are unable to accept your booking, we will return your payment to you immediately. The balance payment for all tours is due at latest 8 weeks (56 days) before departure. If you are making your booking within this period, full payment will be necessary immediately.
- Where the cost to us of any part of the tour increases, we reserve the right to pass on that increase to you and to change the price of unsold holidays.
- While we will do our best to deliver you the tour as described in the Tour Offer, we reserve the right to make adjustments when needed. In a continent like Africa, it is sometimes necessary to adjust.
- For some tours, we are able to make provisional bookings. In other cases, we have to pay up-front for accommodations, such as hotels, lodges or tented camps. Availability and prices of these can change significantly, so we book them as soon as possible after a tour becomes viable. You are therefore liable to us for the cost of the flight(s) or accommodation(s) as soon as you receive our invoice for the flight(s), accommodation(s) or the whole tour.
- If we offer you a Tour Package, you will pay the full amount towards an account of Stichting Derdengelden Certo Escrow. Certo Escrow manages this Escrow account as part of the Payment Protection plan as specified in article 8 “Payment Protection”.
- All payments to us, other than for Tour Packages, may be made by electronic bank transfer payable to SACP International BV, for which full information will be provided at the time of booking. We shall take account of your payment on the date it is cleared into our account.
- The last date for payment of the balance of the cost of your holiday will be due to us at least eight weeks before the Tour Start Date.
- If you do not pay us before the last date for payment, we reserve the right to treat your booking as cancelled. If we do that, you accept that a cancellation fee will be due to us.
Surcharges and Refunds
- The prices given on our website and in our Tour Offer are calculated at costs current at the time we fixed them. If costs rise or adverse currency exchange rates apply, you agree that we may increase prices at any time to a maximum of 5% of the advertised cost of the Tour. If we do this we shall tell you the costs which have risen and the percentage by which they have risen.
- No matter what the increase, we shall not increase the cost less than eight weeks before the departure date.
- If we increase the price of your Tour by more than 5%, you are free to cancel. In that circumstance, we will return to you all money paid to us or, if you prefer, transfer it towards one of our other Tours.
- As we say on the Adventure Trip web pages, a minimum number of participants is required in order for a Group Tour to be viable. In the unusual event that we cancel a Tour, we shall return the full amount of your deposit or further payment or, if you prefer, offer you to transfer your deposit to one of our other offerings.
Changes and Cancellations by you
- We will try to accommodate any change you are compelled to make, but we cannot promise to do so. If we do, you agree to pay an administration fee of € 500 and any additional cost of a different arrangement. Please note that an airline or accommodation may treat a change as a cancellation and create a new booking, charging a 100% cancellation fee.
- Only the person who made a booking may cancel. The cancellation takes effect from the date at which a written notification reaches our office.
- If you cancel, your deposit and any flight and accommodation costs which we can not cancel anymore without being charged and which have been already invoiced to you will be forfeit. Especially with Group Tours offered, cancellation after booking might not be possible.
- If circumstances force you to leave the Tour early, you will have to bear any additional costs yourself.
- In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other African Flying Adventures Tour or to transfer the down payment for your booking to another person. That person must meet any conditions which may apply to the booking and you must ask for the transfer not less than six weeks prior to the Tour Start Date.
Changes and Cancellations by us
- We reserve the right to change travel and tour arrangements. This is necessary because many of our tours involve variables which are outside our control on the African continent. These include weather, political issues, currency problems, flights and accommodation issues.
- If problems occur during a tour, we will make alternative arrangements so as to comply as closely as possible to the description of the tour in our Tour Offer.
- If a problem occurs which is so serious that we have to cancel a tour before the date of departure, you may choose to accept either an alternative holiday (paying or receiving a refund/credit in respect of any price difference) or a full refund of all money paid.
- In certain cases, we may consider paying a compensation, at our discretion.
- Unusual and unforeseeable circumstances arise which are beyond our control, the consequences of which we could not have avoided even with all due care; or the change is not significant. We are not liable to pay you any additional travel or any other costs, expenses or losses which you incur as a result of any change or cancellation by us, such as changes to times of connecting flights or other travel arrangements.
- We reserve the right to cancel any Tour, for which there are not enough bookings, not less than four weeks prior to departure. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full, or, if you prefer, transferred to an alternative African Flying Adventures Holiday.
- We are not liable to you under any circumstances for loss or damage or loss of your holiday.
You agree that all these provisions are reasonable.
In order to comply with the Package Travel, Package Holidays and Package Tours Regulations under Dutch Law, BWB 7, article 512, African Flying Adventures BV makes use of travel payment insurance from STO-travel payment insurance (STO-reisgarantie) where any payment towards a Tour Package holiday offered by us will be held in an STO-escrow account until the completion of the Tour. In our Tour Offer, we clearly specify if the Tour is to be considered a Tour Package or not. In case of a Tour Package offered to you, you must make all payments related to the Tour Package we offer to an account of Stichting Derdengelden Certo Escrow. Certo Escrow manages this Escrow account.
When African Flying Adventures BV has not entered a state of receivership or bankruptcy, then your money will be released to African Flying Adventures BV one day after you complete your Tour. In case African Flying Adventures BV has entered a state of receivership or bankruptcy before your Tour has ended, then the money will go to STO, the Take Over Foundation (Stichting Take Over). In that case, if you did not start your Tour yet, you will receive back the money from STO, or in case you started the Tour, STO will take care that you either receive the proportionate amount of money back of the part not used, are able to complete the Tour and that you can return home, in the case that your Tour included the flight to and from the Meeting Point as well.
When African Flying Adventures BV is not offering you a Tour Package, it will be stated clearly on our Tour Offer and as such we are not obliged to secure your payments through STO.
- It is a condition of booking an African Flying Adventures Tour that you take out appropriate travel insurance. You must send us proof of cover when you make payment of the balance due for your Tour. We cannot approve the cover you have bought and are not responsible if it is inadequate.
- A cover should be obtained not only against normal travel risks but also against additional risks appropriate to the destination country or countries of travel. In particular, local road transport insurance may be inadequate, so you should check that your cover includes accidents happening whilst you are a passenger in a vehicle, flying your own or a rented aircraft as well as search and rescue operations.
- We advise that you should also check that any valuable optical equipment is covered either in your travel policy or your home contents policy.
Passport, Visa and Health Requirements
Please note carefully:
- to be absolutely safe, it is a good idea to make sure your passport is valid for at least six months after the date of return of your Tour;
- remember to apply for any necessary visa in good time;
- check with your general practitioner (GP) what vaccinations and medication you may require and allow time to obtain them. Any GP that prescribes malaria medication to you should take into account the fact that you might be piloting an aircraft, that is, if you are joining a self-piloting adventures safari tour with us with the intention to fly your own (rented) aircraft during the tour;
- If the Tour takes place (partly) in third world countries, you should take the (yellow) vaccination passport or booklet with you. It is your responsibility to ensure that you obtain all necessary inoculations, take all necessary medication and follow all medical advice in relation to your holiday. Remember to bring certificates and confirmations with you in your hand luggage.
- If you need professional medical care whilst on a tour, we will try to obtain it and inform your travel insurers as quickly as practically possible. Please ensure that you provide us with your next of kin details so that we can make arrangements for them to be contacted in an emergency.
- You agree to repay to us all costs we incur in providing this assistance, including payment for any transport and telephone calls must be reimbursed to the company.
At latest two weeks before the Start Date, we shall send you detailed information relating to your Tour. The information can be provided to you by e-mail or through our Tour App, which can be installed on smartphones and tablets running either a current version of the iOS or Android operating system. This information will include:
- location of Meeting Point and time of meeting;
- climate and clothing recommendations;
- any important details relevant to a particular site that we may visit;
- a checklist of items you should bring with you on your Tour;
- a detailed itinerary.
Accommodation will be in good quality hotels or lodges. We also use tented safari camps in order to reach a special location for a price that fits the Tour objectives or to add to your safari experience. En-suite facilities will be provided wherever possible. We will discuss your exact accommodation requirements when you have made a booking, but please note:
- we reserve the right to change accommodation to that stated on our website itineraries – (see below “changes of itinerary”).
- single rooms are normally available at an extra cost.
- accommodation in some countries in Africa will be of a lower standard than comparable accommodation in the EU or the US. In some cases, we believe that, for example, a tented camp in a wildlife reserve will give you an experience that extends staying in another accommodation up to higher standards, however missing the adventure and nature experience. We do our utmost best to give you the best total experience and expect from you some flexibility, especially where it involves a Tour covering several countries in the third world.
- In case we offer walking safari tours, the accommodation will be either in small tents or even in the open air.
Changes of Itinerary
- Despite careful planning, it is possible that a site may become inaccessible due to matters outside our control, for example through a natural disaster, political turmoil or not getting the needed permits to enter a country or fly over it.
- It is also possible that new information on the movement of wildlife will in our opinion benefit the Tour participants generally by providing better African Flying Adventures watching opportunities elsewhere.
- We may, therefore, decide to make changes to the itinerary to accommodate either of the above possibilities. We will tell you of any such change as soon as we decide to make it.
We have to work within the restrictions laid down by any carrier we use. Policies vary from one carrier to another and from time to time. We will tell you the exact allowances and terms after you have made a booking with us. If the Tour includes a stay in the Okavango Delta, a soft travel bag is mandatory for travel to Chief’s Island in the Okavango Delta. On walking safari tours, you might have to bring your own backpack.
If you have an unusual requirement, perhaps for medical reasons, do contact us and we will try to help you immediately.
Limitations on our liability
We want you to enjoy a perfect holiday with African Flying Adventures. We shall do our best to make your holiday special for you. Nonetheless, we must make clear the limitations in law. We are not liable to you for:
- any event which happens before you arrive at the Meeting Point or after you leave at the end of the Tour the last Meeting Point;
- any problem arising from your failure to reach the Meeting Point on time, for whatever reason; (though we would do our best to help you in any way we reasonably could)
- the numbers or quality of wildlife you see on your African Flying Adventures Tour;
- any aspect of goods or services you buy or accept other than those arranged by us;
- medical problems or physical difficulties, even if you have told us about them in advance;
- medical emergencies;
- aircraft defects and emergencies;
- your own carelessness or negligence in any aspect of your behaviour whilst with us;
- changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of a Tour;
- problems or issues which we could have resolved whilst on a Tour but which you raise only after your return.
- injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from either:
- the act or omission of you or anyone in your party;
- the act or omission of a third party or of African wildlife and as such not connected with the provision of your holiday.
- services we have not provided. The services and features included in your Tour are those specified in our Tour Offer. If you choose to buy other goods or services, such as general aviation (GA) related services during your holiday, those are not part of the package we provide, even if we assist you in your arrangement at your request. Accordingly, we are not liable to you for any happening in connection with that service or those goods.
- Laws, standards, culture and attitudes are different in many countries from what you reasonably expect at home. We are not responsible for standards of service, safety, hygiene and behaviour which may be lower than you are used to or which you expected.
- We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we or the service supplier has not exercised reasonable skill and care.
- Please also note that we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
Limitation of Compensation by International Conventions
- We and you are subject to international conventions when they apply. This may limit the amount of a claim you maybe make, against us or anyone else. The most we will have to pay you for any claims for personal injury will not exceed what a carrier would pay under, for example, the Warsaw Convention or the Montreal Convention for international travel by air, or the EC Regulation on Air Carrier Liability, or the Athens Convention for international travel by sea, or the Convention on International Travel by Rail. Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question.
- Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) where international convention or regulation does not apply, the maximum amount of compensation we will pay you will be € 500.
- Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday and in specific if you decide to fly your own aircraft or rent an aircraft near the Meeting Point, in which case, we shall have no legal liability to you.
Flight and other Transport Delays: Limit of our Liability
- There is no guarantee that flights, trains or ferries will depart at the time specified. If they do not, we are not liable to you for any delay or cancellation or for any failure to take what you think are the best actions to have taken in particular circumstances.
- In the case of air travel, the airline is responsible for providing assistance under the Denied Boarding Regulations. We will try to keep you informed throughout the period of any delay.
- Our policy if a delay occurs is to continue with our plans until the flight (or another form of transport, if relevant) is cancelled with no suitable alternative flight being offered by the airline. However, if we considered it impossible to find a reasonable alternative form of transport, we would cancel the holiday and refund you all holiday payments.
- Where any delay in returning home lasts for longer than 24 hours, the airline should continue to meet your accommodation and reasonable meal expenses. This will be the case where the airline is an EU carrier or was due to depart from an EU airport. They may, however, require you to stay at the accommodation and take the meal arrangements they provide. We regret we cannot meet such expenses where the airline does not do so, or where you choose not to accept the arrangements offered.
- If you wish to find at any time to return home early or independently, for example by booking an upgrade with the airline or by organising overland travel, we will provide whatever assistance we can. All expenses involved in doing so will be your responsibility.
- EC Regulation No 261/2004 (The Denied Boarding Regulations) apply where the airline is an EU carrier or the affected flight was due to depart from an airport within the EU. Where applicable, you must pursue the airline for the compensation or other payment due to you. The compensation set by the regulations is your full entitlement. It covers, for example, distress, disappointment, inconvenience or effects on other arrangements. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding.
- If for any reason, we make a payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you agree, when requested, to assign to us the rights you have or had to claim the payment in question from the airline.
- Remember that transport and other service providers have their own booking conditions or conditions of carriage or service. You will be bound by these as far as that service is concerned. Such conditions may limit or exclude liability on the part of the relevant provider and they are often also subject to international conventions.
We Need Help from you
- Most African Flying Adventures holidays require reasonable physical fitness and appropriate footwear. You should be prepared to walk up to a couple of miles a day, sometimes on uneven or slippery surfaces.
- If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Tour.
- If at any time, it is our opinion (given by any of our staff or Tour leaders) that you are acting in a way which may cause an accident, injury, discomfort or extreme displeasure to any other Tour member, we may exclude you from the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other clients.
We shall try our utmost to provide a happy and fulfilling holiday, but if we fail in any way, do please raise any issue with your Tour leader immediately. If your complaint cannot be satisfied and it is not dealt with to your satisfaction at the time of reporting it to the leader(s), then you should give us full details in writing, immediately on your return. We cannot respond to verbal complaints.
- In this agreement, unless the context otherwise requires, a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit;
- If any term or provision of this Agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- For the purposes of data protection, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or a third party whom we nominate. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EU.
- The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
- In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- We are not liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond our reasonable control.
- The validity, construction and performance of this Agreement shall be governed by the laws of The Netherlands and you agree that any dispute arising from it shall be litigated only in the court of Law in Amsterdam, The Netherlands.
[African Flying Adventures BV, Terms & Conditions, version 1.6, dd. December 19, 2017]