CONSENT TO Terms and Conditions
Access to and use of the services of Travel Africa Movement LLC (“TAM” and/or “our”) and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our website, you, the purchaser and/or traveler (“Customer” and “passenger” and “you/your”) agree to be bound by these terms. These terms and conditions govern the relationship between TAM and you, the Customer. These terms restrict your rights and remedies and provide protection to TAM. These terms and conditions also include warranty disclaimers and liability exclusions. By using this website, you acknowledge and agree: (a) this is a fair balance because this website is accessible by you conveniently and at no charge to access the website; and (b) if you do not agree or do not accept these Terms and Conditions, you can choose to not use this website. No alterations to these terms and conditions may be made by any TAM employee, authorized representative or agent, unless in writing by an authorized officer of TAM.
AIR, CHECK-IN, SCHEDULE RECONFIRMATION
AIRLINE RESERVATIONS ARE NOT INCLUDED IN YOUR TRAVEL EXPERIENCE. It is the Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. TAM shall not assume any responsibility for any such air and/or ground schedule changes. In rare instances, upon departure from a country, certain departure taxes must be paid in cash only, and may vary in price. Due to enhanced security, it is strongly recommended that you check in a minimum of 2 hours prior to scheduled departure for domestic flights and 3 hours prior to scheduled departure time for international flights. Reconfirm flight times at least 24 hours prior to scheduled departure time for domestic flights, and 72 hours prior for international flights. Failure to use a reservation, or any portion thereof, may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS
It is the responsibility of each Customer to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. Non-United States citizens may require additional documentation. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. TAM strongly recommends that you consider that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s) and subsequent scheduled travel bookings. When you receive any and all travel documents, it is the sole responsibility of the Customer to review and verify all information.
Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel. TAM shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required. If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department Web site http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues.
VISAS/TRAVEL DOCUMENTATION REQUIREMENTS
Each Customer is responsible for obtaining his or her travel visa(s) and submitting all required documentation with his or her application to the destination country. TAM neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, TAM is not responsible for lost payments made toward the contemplated trip.
INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. (Details can be found at http://travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html.) TAM does not assume any responsibility for making such an inquiry and strongly recommends that Customers make such inquiry BEFORE booking. Should entry into the foreign country be denied, TAM is not responsible for lost payments made toward the trip or related costs incurred in repatriating home.
Travel to certain destinations may involve greater risk than others. TAM urges customers to remain informed on a daily basis as to current news events, and also to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, and http://www.cbp.gov. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING TRAVEL EXPERIENCES, TAM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY PARTICULAR DESTINATION IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION IN TAM TRAVEL EXPERIENCES CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
Some African countries require the airlines to treat the passenger cabin with insecticides prior to the flight or while passengers are on the aircraft. All Passengers are referred to check the list of countries that require airlines to treat the passenger cabin on the DOT’s website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
USE OF TAM ACCESS AND INFORMATION FOR TRAVEL BOOKINGS
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make travel bookings with TAM on our website, in accordance with all terms and conditions herein. You agree to be financially responsible for all of your travel bookings. You also warrant that all information supplied by you or members of your household transacting business with TAM is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities provided by TAM shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act.
Separate supplier terms and conditions will apply to your purchase of travel experiences. You agree to abide by the terms and conditions of purchase imposed by TAM and any TAM supplier, including, but not limited to, compliance with the supplier’s rules and restrictions regarding availability and use of products or services. You understand that any violation of any such supplier’s terms and conditions of purchase may result in cancellation of your reservation(s), in your being denied access to any activity, tour, or purchase, and in your forfeiting any monies paid for such reservation(s) or purchase.
PAYMENTS, CANCELLATIONS AND REFUNDS
Travel experiences may be paid in full upon reservation. Payment plans are also available and will include an administrative fee. In the event that Customer elects a payment plan, final payment is due on or before the due date defined during the reservation process. If final and full payment is not received by the applicable due date, the booking is subject to cancellation and all deposits shall be forfeited. There are NO REFUNDS in the event of cancellation. However, the booking may be transferred to another party upon payment of an administrative fee of $25.00. The transferee will become responsible for any outstanding balance due.
NO REFUND FOR UNUSED ARRANGEMENTS AND MINIMUM PASSENGER REQUIREMENTS
As TAM prices are based on contract rates, there will not be any refund for any unused portion of a travel experience. Some group tours are based on minimum numbers of passengers traveling; if the number of passengers falls below the minimum required, a surcharge may be imposed or the tour may be canceled.
TRAVEL INSURANCE IS NOT INCLUDED IN THE COST OF CUSTOMER’S TRAVEL EXPERIENCE. Customers are advised to purchase travel insurance to protect against third party supplier default/bankruptcy, delay, interruption, missed connection for flights, cancellation, medical emergency transportation/evacuation & repatriation, damaged or stolen baggage & personal effects/lost luggage & baggage delay, illness, job loss, change of plans, accidental death and disability, and travel accident/sickness medical expenses. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and TAM’s cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs.
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
LIMITATIONS OF RESPONSIBILITY AND DISCLOSURE
TAM acts only in the capacity as an agent for the hotels, bus companies, railroads, ship lines, and/or contractors providing accommodations, transportation or other services to the Customer. Customers are advised that TAM purchases such transportation, hotel accommodations, restaurant and other services from various independent suppliers who are not affiliated with TAM. TAM makes every effort to select the best suppliers of the aforementioned services, however the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and Customer consents to the use of those suppliers. The accommodations and other services provided by the identified suppliers are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective websites.
BECAUSE TAM ACTS AS AGENT FOR DISCLOSED PRINCIPAL SUPPLIERS, AND DOES NOT HAVE THE RIGHT TO CONTROL THE OPERATIONS OF SUCH INDEPENDENT OPERATORS AND SUPPLIERS, YOU AGREE TAM IS NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, WHICH MAY ARISE OUT OF THESE SERVICES. TAM hereby disclaims any liability whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special consequential, incidental or indirect damages, in connection with the goods or services provided by any principal supplier, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence, willful acts, omissions or otherwise of such supplier, or of any supplier or their respective employees, agents, servants, or representatives, including, without limitation, their failure to deliver or their partial or inadequate delivery of services, fuel increases, and other matters outside of TAM’s control, and you hereby exonerate TAM from any liability with respect to the same.
Weather conditions, including but not limited to the presence or absence of snow, sunshine, and rainfall are not guaranteed to occur or not occur, and are clearly outside of TAM’s control. Volcanic eruptions, ash clouds, and wind may be characterized as an adverse weather condition or a natural disaster by suppliers and your travel insurance company, which is beyond the control of TAM. TAM reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary, and to refuse to accept or to retain as a member of any tour any person at any time. TAM shall not assume any responsibility for any air schedule changes.
“Force Majeure” means, in relation to TAM, any circumstances beyond the reasonable control of TAM, (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife, or other untoward occurrences).
TAM shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure. THE PURCHASE OF TRAVEL INSURANCE IS HIGHLY RECOMMENDED ON ALL TRIPS.
If TAM, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by TAM to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although TAM shall use its reasonable efforts to reimburse you where possible. However, TAM shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to TAM of the Force Majeure and applicable cancellation fees.
Regarding civil unrest, once TAM has investigated the prevailing situation, as it deems fit, it shall remain in TAM’s sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip subject to TAM’s and each supplier’s terms and conditions.
ALTERATIONS IN TRAVEL PLANS
Alterations in itinerary may be necessitated for any number of reasons, including but not limited to severe weather at the sole discretion of TAM and subject to supplier terms and conditions. If a property, supplier, activity, or area is deleted for any reason, it may be replaced with a comparable one.
RIGHT TO CORRECT ERRORS/OFFERS SUBJECT TO AVAILABILITY
We reserve the right to correct errors. All land and event offers are subject to availability and may change without notice. In the event of a land or event pricing error or omission, we reserve the right to adjust such pricing or make any other corrections.
TAM reserves the right to use any photograph/video taken at any event or during any travel activity, without the express written permission of those included within the photograph/video. TAM may use the photograph/video in publications or other media material produced, used or contracted by TAM, including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. Any person desiring not to have their photo taken or distributed must contact TAM in writing at 227 Sandy Springs Place NE #D202, Atlanta, GA 30328 and must include a photo of him or herself.
NO COPYING OR EDITING
No material from this website may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed in any way, without our prior written consent. You may not frame or mirror any material on this website on any other server or other location. Unauthorized use of any such material on any other website or computer environment or elsewhere is prohibited.
RESERVATION OF RIGHTS: CHANGES TO THESE TERMS
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. Please check frequently, especially before you use this website, to see if these Terms changed. Use of the website after any changes to the Terms constitutes your consent to the changes.
ACCESS TO PASSWORD PROTECTED/SECURED AREAS
Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution.
The laws of the State of Georgia, USA, govern these Terms and Conditions. You hereby consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, USA, in all disputes arising out of or relating to travel bookings with TAM, including the use of the TAM website. Use of the TAM website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
These Terms and Conditions (and any other terms and conditions referenced herein) constitute the entire agreement between the Customer and TAM with respect to travel bookings made with TAM, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Customer and TAM with respect to communications with TAM, including the TAM website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
The information and images contained on this website, including downloadable files, are protected by copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part may be reproduced without due acknowledgement and advance written permission of the copyright holder.
The content on this website is provided for information purposes only. While every effort has been made to ensure the accuracy and completeness of this information, TAM makes no guarantee and accepts no responsibility for any errors or omissions it may contain. This website also offers links to other Internet sites which are outside of TAM’s control. It is the responsibility of users to make their own decisions about the accuracy, reliability and correctness of information contained on these sites.