Terms & Conditions

 Terms of Use (ToU)

Last updated 20 October 2019

Introduction

Welcome to www.afaritravels.com (the “Site”), owned and operated by AFARI Travels & Tours (“AFARI Travels & Tours” or “the Company” or “we” or “us”). These Terms of Use (the “TOU”) apply to your view or use of the Site through any location, including but not limited to AFARI Travels & Tours affiliated domains, where the TOU are posted (collectively, the “Sites”). By viewing or using our Site, you agree to these TOU and those posted by us from time to time.  reserves the right to amend, change or modify these TOU at any time, with or without notice to you. No modification of these TOU by any party other than AFARI Travels & Tours shall be valid or enforceable against you AFARI Travels & Tours unless expressly agreed to by AFARI Travels & Tours in a writing signed by an authorized AFARI Travels & Tours representative. When we post changes to these TOU, we will revise the “Last Updated” date at the top of the TOU. Your continued use of the Sites after any changes or revisions to these TOU become effective shall indicate your agreement with the terms of such revised and then-current TOU. You may be accessing our Site from a computer or mobile phone device and these TOU govern your use of the Site regardless of how you access it.

The Site is operated from our offices in Abuja & Lagos state, Nigeria. We make no representation that content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity or other laws is strictly prohibited. Those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.

Our Proprietary Rights

Except for your Submitted Materials (as defined in the “Submitted Materials” section below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the looks and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.

Limited License

Subject to these TOU, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other device, provided that you comply fully with these TOU. The Sites and Site Content (or any of our products advertised or sold on the Sites) may not be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under the law.

Trademarks

The trademarks, logos, service marks and trade names displayed on the Sites or as part of the Site Content are registered and unregistered trademarks of the Company and other persons (each, a “Trademark,” collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Sites should be construed as granting, expressly, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.

User Accounts

Using certain features on the Sites may require creating an account (“Account”) and submitting personal information (including creating a username and password to access the Account). The Site’s information collection and use policies are set forth in the Site’s Privacy Policy. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Sites for any reason.

We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these TOU, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.

Indemnification

You agree to defend, indemnify and hold us and our shareholders, members, directors, managers, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees, arising from (i) your use of the Sites or the Site Content, (ii) any part of your Submitted Materials, or (iii) your breach or violation of these TOU or any local, state, federal or international law, rule or regulation. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.

Payment, Cancellation and Refund Policy

This session contains the payment, amendment, cancellation and refund policy of AFARI Travels & Tours.

Payment Policy

Please note that your purchase does not automatically guarantee a reservation. Your purchase will be confirmed via email within one to two business days. The cancellation fee policy will take effect once you submit your reservation. If your purchase cannot be confirmed for any reason, we will fully refund your purchase without any additional charges. We recommend each customer read and review the cancellation policy.

Unless otherwise defined during the reservation process, final payment is due on the due date. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited.

Payment discrepancies/bank charges outside what is stated is subject to rectification by your bank.

BytPay

BytPay is a Deposit Payment Plan that allows part-payment for a package to secure reservation however, the following terms and conditions:

Procedure (How it Works)

1. Log on to www.afaritravels.com
2. Select “Tour” option on the top Menu pane
3. Select your preferred tour from the list of available tours
4. Click the “BytPay ENABLED | Click here to use a Deposit Payment Plan” button
5. Select Desired Tour from the Tours Shop (www.afaritravels.com/shop)
6. Select each ticket and payment type/plan individually and add to your “Basket”
7. Proceed to checkout
8. Submit and make initial non-refundable deposit of 30% will be required to hold your booking.

BytPay Terms & Conditions

1. Deposit Plan may attract extra/service charges which is included in the first instalment.
2. BytPay Plan is only valid if it is completed latest four weeks before your travel date.
   1. If payment is not completed on or before the deadline or as stipulated by the specific tour terms, the following is mandatory:
      1. Penalty fee for late payment as stated by AFARI Travels & Tours; or
      2. Deduction of non-refundable balance and trip forfeiture, however funds will be converted to credit for future use within 2 years from trip forfeiture date. If not utilized within that period, balance funds will be refunded to you upon request.
3. All transactions made on BytPay Payment Plan are subject to a 30% non-refundable down payment which will be required to confirm your booking.
4. AFARI Travels & Tours holds exclusive right of choice to process deposit/late payment plans which may attract extra fees.
5. Refund on financial deposit is subject to all clauses in our “Payment, Refund and Cancellation Policy”.
6. Initial deposit and subsequent payments must be made according to the deposit plan opted for; or a single completion which must be made on or before the next due date for payment.
7. Cancellation of booking must be done in writing at least 6 weeks before the travel date.
8. Default Regulations: Default on the agreed payment plan will attract the following penalties:
   1. Penalty fee of ₦10,000 will be charged on default in payment as scheduled.
   2. Reservation(s) will be put on hold if you default payment plan twice except in cases where written notification is sent earlier before time and acknowledged by AFARI Travels & Tours.
   3. Booking is suspended if payment is not completed at when final payment is due.
9. Any amendment made after initial deposit will attract extra charges based on the changes made.
10. Please note that by making your first installment, it is implied that you have agreed to these Terms and Conditions of our BytPay Payment Plan.

Refund Policy

Your right to a refund if you change or cancel your travel plans is limited.

Please note that all hotel and tour schedules are arranged ahead of time, therefore this limits refund options. Any person failing to appear on the day of departure will not be refunded. No refund will be given for any portions of the tour unused by the traveller after tour departure regardless of circumstances.

Airfare is completely non-refundable but changeable. Hotel extensions and Instant Confirmation products (admission tickets, city passes, etc.) cannot be exchanged or refunded once confirmed.

All cancellation requests must be sent to AFARI Travels & Tours in writing. As a result of cancellation, AFARI Travels & Tours’ and third-party supplier’s cancellation penalties will apply, which are detailed in your travel documentation. Cancellation penalties are advised at time of booking and provided to you upon confirmation. If you have any questions, or any penalties are unclear, please contact your AFARI Travels & Tours agent. All cancellation fees will be charged to the credit card/bank account you authorized to pay for travel services, or deducted from the supplier’s refund.

Refunds is processed within 2 – 12 weeks from approval. If refund depends on 3rd-party, their refund policy shall be input into consideration.

Cancellation Policy

The Cancellation Policies listed below apply to all reservations unless the tour booked has specific rates or fees listed under “Special Notes.” Please carefully review the “Special Notes” of your tour prior to booking. Please know that AFARI Travels & Tours will always adhere to individual tour policies when applicable.

• Please note that cancellation fees are calculated based on the date we receive partial or full payment.
• All cancellations must be made directly with AFARI Travels & Tours.
• In most cases, reservations paid by wire transfer, cash deposit, or money order/traveller’s check/cashier’s check will be refunded via PayPal, wire transfer or check. For refunds processed by wire transfer, any associated wire transfer fee will be deducted from the overall refund amount.

Amendment Fees

Any changes made to a reservation after successfully submitting the order online will be subject to a minimum $30.00 Amendment Fee (per change). All desired changes must be made in writing to AFARI Travels & Tours. Reservations will be confirmed within one to two business days. The following constitute as an amendment to a tour:• Changing departure date

• Changing pick up time or location
• Changing tour
• Changing guest name
• Changing itinerary
• Removing / Replacing a guest
• Adding / Replacing a guest

Late Bookings

Prospective customers are advised to reserve early to avoid disappointment and additional late booking fees.

Air, Check-In, Schedule Reconfirmation

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 may result in automatic cancellation of all continuing and return flights, as well as forfeiture of airfares.

Force Majeure

“Force Majeure” means, in relation to AFARI Travels & Tours, any circumstances beyond the reasonable control of AFARI Travels & Tours, (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, airline delay/cancellations, embassy visa refusal/delays or other untoward occurrences).

AFARI Travels & Tours 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 here-under to the extent that any such delay or non-performance is due to any Force Majeure.

If AFARI Travels & Tours, 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 AFARI Travels & Tours to you as a result of the non-performance of any obligations here-under shall remain in its sole and absolute discretion, although AFARI Travels & Tours shall use its reasonable efforts to reimburse you where possible. However, AFARI Travels & Tours shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to AFARI Travels & Tours of the Force Majeure and applicable cancellation fees.

Promotions

The Sites may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometime others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies, and terms. It is your responsibility to read such rules, policies and terms and to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Sites, you signify your agreement and acceptance of these TOU and any applicable sweepstakes or contest rules which we may provide.

Photographs/Videos

AFARI Travels & Tours 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. AFARI Travels & Tours may use the photograph/video in publications or other media material produced, used or contracted by AFARI Travels & Tours, 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 AFARI Travels & Tours in writing of his/her intentions.

Disclaimer of Warranties

THE SITES, INCLUDING WITHOUT LIMITATION, ALL SERVICES, FORUMS, SITE CONTENT, ACCOUNTS, FUNCTIONS, DOWNLOADS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITES, THE SERVICES, THE FORUMS, THE SITE CONTENT, THE ACCOUNTS, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OR OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY ASSUMES NO WARRANTY NOT EXPRESSELY MADE HEREIN. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEMDY IS TO DISCONTINUE USING THE SITES. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. YOUR USE OF THE SITES, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIAL DOES NOT GUARANTEE ACCEPTANCE OF USE THEREOF BY THE COMPANY.

Termination

We may terminate, change, suspend, restrict or discontinue any aspect of the Sites at any time if we believe you are in breach of these TOU or applicable law, or for any other reason in our discretion, without notice or liability. These TOU will terminate commensurate with the discontinuance or terminations of your Site use privileges. However, the TOU will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Site Content, and anything connected with, relating to or arising therefrom.

Contact Us

Please direct all questions or comments about the Sites, these TOU, or any products you purchased through the Sites to: info@afaritravels.com