Lendimi African Safaris Passenger Agreement
Important Notice to Passengers: The terms and conditions of this agreement govern your trip. These terms and conditions collectively referred to as the Passenger Agreement” constitute a legally binding contract and the entire agreement governing the relationship between you and the company. There is no verbal or written presentation, warranty, prior agreement or description of services other than as expressed herein.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING. YOUR ATTENTION IS ESPECIALLY DIRECTED TO SECTIONS 2, 3 AND 4 REGARDING LIMITING OUR LIABILITY FOR YOUR DEATH, ILLNESS OR INJURY.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS PASSENGER AGREEMENT, DO NOT ACCEPT. INSTEAD, CALL AND CANCEL YOUR RESERVATION AND WE WILL REFUND ANY DEPOSIT PAID. ONCE THIS PASSENGER AGREEMENT IS ACCEPTED, YOU CANNOT SUBSEQUENTLY REJECT IT. HOWEVER, YOU CAN CANCEL YOUR RESERVATION SUBJECT TO ANY CANCELLATION PENALTIES THAT MAY APPLY.
By accepting, you certify that you are an adult with full legal authority to enter into this Passenger Agreement for yourself and on behalf of all accompanying passengers on your reservation. You further affirm that you have read the terms of this Passenger Agreement, and that you understand and accept all such terms and conditions.
DEFINITIONS
Passenger: The word “you” or “passenger” refers to each passenger booking, purchasing or traveling on a tour
“Company” or the term “we” or “us” refers to Lendimi African Safaris (Lendimi Limited)
“Suppliers” are independent third-party providers of services. See “Tour Operator” Section 2 below.
“Trip” means the tour package you booked with us. This Trip includes the base (main tour) plus any booked pre- or post- trip tour additions you have purchased and any optional tour you purchased either beforehand or while on your Trip.
“Trip Price” refers to the Itinerary Price. Fees that are payable to third parties, such as airline baggage fees, visa fees, or onsite government taxes, are not included in your Trip Price.
2. TOUR OPERATOR
a) We are a “tour operator.” This means that we organize and sell tour programs consisting of certain travel services that are provided by independent third parties (“Suppliers”).
b) Your consent to receive text messages or emails is not a condition of purchase. You are not required to directly or indirectly agree to enter into such an agreement as a condition of purchasing any property, goods or services.
3. LIMITATIONS OF OUR LIABILITY
Except as otherwise expressly provided herein, for the purposes of the defenses, limitations of liability and rights of Company set forth in this Passenger Agreement only,
a) The responsibility of Company in connection with your tour is strictly limited. Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Supplier and any transportation, tours, services, products or facilities provided by Suppliers. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action by a supplier, including but not limited to any negligent or willful act or failure to act of any Supplier or of any other third party. We will not be liable to you for any claim unless the occurrence was due to our own gross negligence or willful fault. You agree that in no event shall we be liable in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive special or exemplary, or incidental damages, however caused, and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Notwithstanding the foregoing, Operator’s liability for compensatory damages hereunder shall in no event exceed the amount actually paid by you to Operator for the trip giving rise to the claim. The foregoing limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation.
b) Company makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any Suppliers or other such contractors, transportation, tours, services, products or facilities.
C) Company is not responsible for any injury, loss, or damage to person or property, death, delay, disappointment or inconvenience in connection with the provision of, or failure to provide, any goods or services occasioned by or resulting from—but not limited to—acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, outbreaks of communicable disease (including but not limited to epidemics and pandemics), governmental travel restrictions due to any cause, mechanical or other failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, or for any other cause beyond the direct control of Company.
d) Some tours include visits to shops and merchants. Company is not responsible for any purchases you make during your tour, whether or not that merchant is part of the scheduled itinerary.
e) Passengers are strongly urged to keep valuables, irreplaceable items and medicines in their possession at all times and not to pack such items in baggage or suitcases handled by others. Company shall not be liable for any loss, theft or damage to valuables left unattended in your hotel room, on any bus or other mode of transportation or any facility or location during your tour, nor for any valuables lost, damaged or stolen during a trip. For purposes of this Subsection, valuables include but are not limited to cash, jewelry, electronic devices (including laptops and tablets), cameras, cellular phones, medical equipment/devices, eye wear and medications.
f) In addition to all the restrictions and exemptions from liability provided in this Passenger Agreement, Company shall have the benefit of all the statutes of the United Republic of Tanzania providing for limitation and exoneration from liability and the procedures provided therein. Nothing contained in this Passenger Agreement shall limit or deprive Company of the benefit of the applicable statutes or laws of the United Republic of Tanzania or the statutes or laws of or any other country; or any international convention providing for release from, or limitation of, liability.
4. ACKNOWLEDGEMENT AND ACCEPTANCE OF HEALTH RISKS; SAFETY AND SECURITY
a) YOU ARE ENCOURAGED TO DISCUSS THE ADVISABILITY OF TRAVEL WITH YOUR PHYSICIAN AND TO REVIEW THE WEBSITES OF THE UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION (“CDC”), THE WORLD HEALTH ORGANIZATION (“WHO”) OR OTHER RELEVANT GOVERNMENT AGENCIES FOR UPDATED INFORMATION. YOU ACKNOWLEDGE, UNDERSTAND AND ACCEPT THAT WHILE TRAVELLING (WHETHER BY AIR, AUTOMOBILE, BUS, TRAIN, WATER VESSEL, OR IN ANY OTHER WAY), WHILE IN TERMINALS AND BOARDING AREAS, DURING STAYS AT HOTELS OR OTHER LODGINGS, OR AT ANYTIME DURING A TOUR, YOU OR OTHER PASSENGERS MAY BE EXPOSED TO COMMUNICABLE ILLNESSES, INCLUDING BUT NOT LIMITED TO COVID-19, INFLUENZA, AND COLDS. YOU FURTHER UNDERSTAND AND ACCEPT THAT THE RISK OF EXPOSURES TO THESE COMMUNICABLE ILLNESSES AND OTHERS IS INHERENT IN MOST ACTIVITIES WHERE PEOPLE INTERACT OR SHARE COMMON FACILITIES, BEYOND THE COMPANY’S OR SUPPLIER’S CONTROL, AND CANNOT BE ELIMINATED UNDER ANY CIRCUMSTANCES. YOU KNOWINGLY AND VOLUNTARILY ACCEPT THESE RISKS AS PART OF THIS PASSENGER AGREEMENT, INCLUDING THE RISK OF SERIOUS ILLNESS OR DEATH ARISING FROM SUCH EXPOSURES, AND/OR ALL RELATED DAMAGES, LOSS, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER.
b) You agree to assume responsibility for your own health and safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in your home country; beaches may have strong currents, riptides, or high waves and be without warning signs or lifeguards. You may encounter animals on our trips. We make every effort to keep these encounters safe, however animals may behave unpredictably or dangerously at times. Please use caution when interacting with animals on our trips: Keep a safe distance, stay alert, and respect the animals and follow the advice of the tour guide.
5. MEDICAL CARE; TRAVEL PROTECTION
You recognize and agree that we are not in the business of providing medical services and/or operating medical facilities. The Company will provide emergency medical evacuation from wildlife parks to the nearest health facility. During your tour, the availability of medical care may be limited or delayed. You acknowledge that all or part of your tour may be in areas where medical care and evacuation may not be readily available. For your benefit, we strongly recommend that you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your tour.
6. AUTHORITY TO DECLINE PASSENGERS OR REMOVE PASSENGERS FROM TRIPS
We reserve the right to accept or reject any person as a passenger. We reserve the right to expel any passenger from a tour if we deem this necessary for the comfort, convenience or safety of the tour or participants, including if your behavior is deemed to cause or be likely to cause danger, distress or annoyance to other passengers or if we reasonably determine your condition would adversely affect your health, safety or enjoyment or that of other passengers. If we remove you from a trip in progress, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of the travel arrangements and you will be responsible for your travel costs to return back home.
7. RESERVATIONS AND PAYMENTS
a) Tours: A deposit per person is required to secure your reservation. To secure reservations on a trip departing within 60 days, a full payment is required at the time of booking. The deposit amount will vary from one trip to another.
b) Final payment for all trips is due at 30 days prior to departure, unless otherwise stated. Operator reserves the right to cancel reservations that are not paid in full at any time after final payment is due, in which case cancellation charges will apply.
8. REFUNDS AND CANCELLATIONS
a) If you must cancel your trip, you may do so by calling 1-907-313-0482, or by sending an email to lendimisafaris@gmail.com or info@lendimi.com. Cancellation charges and refunds shall be calculated in accordance with the terms of this Passenger Agreement. Any applicable refunds will be returned to you in a manner to be determined by the Company, including, but not limited to, credit for future travel. The majority of applicable refunds are processed within 30 days of receipt of your cancellation. Third party processing fees may apply.
b. Refund and Cancellation Policy:
Prior to departure
90 days or more
89-30 days
29 days–departure
Refund
100% of your trip price
50% of your trip price
0%
c) If you reserved a double room and are sharing with a friend or family member, and that person cancels prior to departure, you may be subject to additional single supplement and travel protection fees.
9. REQUIRED DOCUMENTATION
a) A valid passport and visa is required for most travelers to Tanzania. All passports must contain at least five blank pages and must be valid for six months after the completion of your trip. Non-U.S. citizens should contact the appropriate consular office for entry requirements pertaining to their trip as we are not responsible for providing you with this information or documentation. All passengers are advised to check with the appropriate government authority to determine the necessary documents.
10. MEDICAL ISSUES AND DISABILITIES
a) You are encouraged to report any disability requiring special attention to us at the time the reservation is made, including requiring the use of special equipment. We will make reasonable efforts to accommodate the special needs of tour participants. Such participants, however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and facilities outside the United States for disabled individuals are limited.
b) Most of our trips are not wheelchair or motorized scooter accessible, as wheelchair or motorized scooter assistance or accessibility in international destinations cannot be guaranteed. If you require a wheelchair, you must provide your own small, collapsible wheelchair. Please talk to us to make arrangements for reasonable accommodations.
c) If you are unable to travel without assistance, you must be accompanied by an able companion. It is strongly recommended that persons requiring assistance be accompanied by a companion who is capable of and is completely responsible for providing the assistance. Neither Company nor its personnel, nor its suppliers, may physically lift or assist passengers into transportation vehicles. If a traveler thinks he or she might need assistance during a trip, he or she should call us to determine what assistance might reasonably be given. The Company cannot provide special individual assistance to passengers with special needs for walking, dining or other routine activities or personal services.
d) If you have a condition that requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition.
e) If you have a condition as contemplated herein, you travel at your own risk. Operator is not liable for any injuries or damages you may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.
11. PHOTOGRAPHS AND VIDEO
We reserve the right to take photographs and video during your trip. By traveling with us, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, likeness, name, or biographical information, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image likeness, name, or biographical information. If you prefer that your image or likeness not be used, you must advise us in writing, no later than 30 days prior to your departure date.
Photographs and video of your trip may be submitted to us by you or by third parties such as (but not limited to) other travelers, tour guides, or staff members. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.
12. MODIFICATION; TRANSFERABILITY; SEPARABILITY
No person, other than one of our authorized representatives by a document in writing is authorized to modify, add or waive any term set forth in this Passenger Agreement.
This Passenger Agreement and the corresponding reservation cannot be sold, assigned or transferred by you.
Revised 6/27/2024