Booking Terms & Conditions

Your holiday & safari booking is with Thebeautifultanzania.com which is operated by thetopafrica.com

 This page tells you the terms of use on which you may use our website. By using our website, you confirm that you accept these terms of use and that you agree to abide by them. If you do not agree to our website terms you will not be permitted to access or use our website. Your continuation to use our website indicates that you had accepted our terms and condition.

www.thetopafrica.com  (“we” ”us” ” our”) is a website operated by  us and we  are located at, North London Business Hub, Southgate London N14 6BS.trading under United Kingdom laws

We act as an agent for third-party travel providers. We do not own or control those who are on the ground to provide the accommodation, flights, car hire, other transport, event tickets, or other services that you book through us.

We have established a legal partnership with them to give our customers the financial protection they need. Our obligations to you are depending on what you book through us. Where you book only accommodation, excursions, and event tickets this is a “Non-Package” Booking; where you book accommodation, excursions, and event tickets with any form of transport this is a “Package” Booking.

we will also make you aware of the terms and conditions of our suppliers and partners, but your statutory right of booking with us will remain as per United Kingdom Laws.

We worked hard to ensure that the contents of this website are accurate. However, we will not accept liability (to the fullest extent permitted at law) for any loss or damage, or inconvenience arising as a consequence of any use of or the inability to use any information on this website. Visitors who use this website and rely on any information do so at their own risk

We take no responsibility for the contents of linked websites and links should not be taken as endorsements of any kind. We have no control over the content and availability of external websites we may link to. You are responsible for maintaining the confidentiality of your website access information (e.g. username and password). If you believe your access to the website is no longer secure, please promptly change the affected access information

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Our Booking Standards and Conditions

 01. Your booking

A booking will exist as soon as you have accepted our offer and paid the deposit. This booking is made on the terms of these booking conditions. When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. Also, you consent to our use of information and personal data under our Privacy Policy.

As a leading person where a group booking is involved, you will be authorized on behalf of all persons named on the booking to disclose their details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements); These terms and conditions do not affect your statutory rights.

The lead(“You”) passenger will be able to view details of current and historic bookings, including canceled bookings, in your account. By making a booking, you agree on behalf of all persons detailed on the booking that you have read these booking conditions and agree to be bound by them, and you are over 18 years of age. And.  You accept financial responsibility for payment of the booking on behalf of all other persons detailed on the booking.

We will also require at the time of booking for you (The Lead) to confirm the number of members in your party(including you) and to provide us with the first forename (as shown in each passport) as well as the title and surname of each member.

After we receive your booking and all appropriate payments, we will issue a confirmation invoice. We dispatch this confirmation invoice to the lead name and you will become directly responsible for the payment of the total holiday price and me when applicable any cancellation charges and alterations. A binding agreement will come into existence when we dispatch the confirmation invoice to you.

In addition to being bound by our terms and conditions, you will also be bound by the terms and conditions of the supplier companies we choose to facilitate your booking, such terms, and conditions are available on request, Your statutory right remains unchanged under United Kingdom laws.

When you make your booking, you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the booking summary (or any other document) are wrong you must advise us immediately as it may not be possible to make changes later, you may incur charges to make changes and it may harm your rights if we are not notified of any inaccuracies in any document immediately.

Please check that all names, dates, and timings are correct on receipt of all documents and advise us of any errors immediately. We will not make charge for changes to documents, but you will have to pay any charges made by suppliers. Please ensure that the names given are the same as in the relevant passport. Notify us by sending all details and corrections needed to topafrica@thetopafrica.com.

Thetopafrica.com strives to ensure all elements of your travel arrangement take place as booked and will from time to time review your booking to ensure your party has been provided with the most suitable and best-value travel arrangements. If we can add value to the travel arrangements booked, we reserve the right to contact you to discuss the added value available. There is no obligation to make any changes to your booking and no amendments will be made to your booking without your prior consent.

This contract is governed by United Kingdom Laws and the jurisdiction of the English Courts.

 02. Price and Paying for Your Holiday.

When you make your booking, you must pay a deposit as outlined in our offer or 30% of the value of the booking. The balance of the price of your travel arrangements must be paid at least 84 days before your departure date, this is due to the commitment to our suppliers. When the deposit and/or balance are not paid in time, we reserve the right to cancel  your travel arrangements

We reserve the right to alter the prices of any of the holidays shown on our website or in our brochure. You will be advised of the current price of the holiday that you wish to book before your booking is confirmed. When we become aware of any such error, we will endeavor to notify you at the time of booking (if we are then aware of the mistake) or within seven days of the time of booking, or as soon as reasonably possible. We do have to reserve all our rights in a situation such as this which may include canceling a holiday if the actual price applicable to the holiday is not acceptable to you. We will, of course, allow you to amend your holiday with us, if you so wish, to an alternative holiday at the correct price.

If your booking is made through a travel agent, the Company will address all communications to that travel agent who will act as an agent for you regarding all communications from us to you. All monies paid by you to a travel agent under or in contemplation of this contract will be held by the travel agent for the Company until such monies are forwarded to the Company.

It is now common practice for hotels to charge resort fees and taxes which can only be paid locally and not at the point of booking with Thetopafrica.com. We will do our best to inform you of any fees or taxes you may have to pay but accept no responsibility for the payment of these fees. But we will do our best to include this in advance if it exists in your package or booking.

For the bookings involving special promotions and flights on some occasions, we may need to take the full payment for the flights due to special fares, this payment then becomes non-changeable and non-refundable. You will be informed of any non-changeable and/or non-refundable parts of your booking before completing the booking process.

Our website supports online payment our customers can make bank transfers using the details indicated on the booking invoice, also we do accept card payments but all charges for credit card payments will be an added cost to the customer.

In rare cases, errors may occur when inputting prices into our reservations system or website. We regret that any contract entered based on an erroneous price will be void. In the unlikely event that such a situation arises, you will be given the option to either pay the correct price or cancel with a full refund.

 

03. Surcharges

Changes in transportation costs, including the cost of fuel, dues, taxes, or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your holiday may change after you have booked. However, there will be no change within 20 days of your departure.

You will not be charged for any increase equivalent to 2% of the holiday price, which includes insurance premiums and any amendment charges.

If this means that you have to pay an increase of more than 10% of the holiday price, you will have the following options:

a) Accepting the changed arrangements or

b) Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if there is an increase in cost from the original booking you will be liable for this cost; if there is a reduction in cost, we will refund the difference to you) or

c) Accepting the cancellation, in which case you will receive a refund in full of all monies you have paid to us except for any amendment charges or

d) Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday price, then any refund due will be paid to you.

 

04. Your Financial Protection:

Thetopafrica.com is due to become a member of The Travel Trust Association (www.traveltrust.co.uk )Monies paid to us by you will be held in a trust account. This membership will provide financial security to all our customers.

We will be obliged to maintain a very high standard of services to you by observing and applying the TTA code of conduct, hence we will be providing full financial protection to all our packaged and non-packaged holidays and bookings Including flights if booked through us.

When you buy an ATOL-protected fight or flight-inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you, and who to contact if things go wrong.

We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you).

You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder.

However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to claim under the ATOL scheme (or your credit card issuer where applicable).

If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme.

You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have to arise out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body if that other body has paid the sums you have claimed under the ATOL scheme.

When you buy a package holiday that doesn’t include a flight or other than a package holiday with us, protection is provided by way of a trust account with the Travel Trust Association.

You will also be able to use our TTA membership scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint please go to www.traveltrust.co.uk and follow the simple procedure.

You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved

All of the above benefits depend on our membership with TTA, please check with us to verify the registration number as our application is with the Travel Trust association at the moment.

 05. If You Cancel Your Holiday

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be sent to the following e-mail address: topafrca@thetopafrica.com Since we incur costs in canceling your travel arrangements, you will have to pay cancellation charges as follows:

    1. More than 60 days – Deposit fees will be retained (30% of total cost) Deposit only
    2. Less 59-45 days – 40% of the total cost as cancellation fees
    3. 44-30days – 60% of the total cost as cancellation fees
    4. 29-8 days – 90% of the total cost as cancellation fees
    5. 7- 0 days – 100% of the cost as cancellation fees. No refund

Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office.

 

06. If You Change Your Booking

If, after you have accepted our offer and paid the deposit, you wish to change your travel arrangements in any way, for example, your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay any further costs we incur in making this alteration.  You should be aware that these costs could increase closer to the departure date that changes are made, and you should contact us as soon as possible.

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. In some cases, any changes made may mean you have to pay for the canceled arrangements and purchase new ones at full cost

You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveler are responsible for paying all costs we incur in making the transfer.

If you wish to cancel an element of your travel arrangements before the full balance is paid your deposit will not be refunded and will not be used to cover the outstanding balance. Certain arrangements may not be canceled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements.

Only two changes of date (departure or arrival) per booking may be permitted, an additional non-refundable deposit will be required, and additional charges may be incurred. If the transfer falls on a new trading year the actual increase may be calculated as additional or reduced services.

Most flights are non-refundable, not transferrable, once tickets have been issued. Any alteration for such booking might result in 100% cancellation but will fall under our  terms and condition including our supplier terms and 

Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

If you wish to change your arrangements while on your holiday, all costs are payable to you. Thetopafrica.com will always strive to make all minor changes without forcing the customer to pay more monies as we are committed to giving the best service to our customers.

 

07. If we cancel your booking

We reserve the right to cancel your booking. We will do so only in case of unavoidable and extraordinary circumstances, or failure by you to pay the final balance. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. We shall inform you without any delay and before the start of your holiday.

If your holiday is canceled you will have either a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).

In the event a refund is paid to you, we will pay this to your bank account within 14 days after the cancellation and you will not have any right to compensation.

We regret that will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial action, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport, and the closure of respective airspace including but not limited to the inability of the airline(s) to operate flights as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of the airline(s) to enter any airspace).

 

08. If we change your booking

In an avoidable circumstance, we might be compelled to make changes to any aspect of your booking If the changes are insignificant. We will ensure that you are notified. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours or scheduled safari accommodation or any other alteration.

If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.

    • We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly if you do not respond to us within the timescale given your booking may be canceled.
    • If you choose to accept a refund of all monies paid, we will pay this to your bank account within 14 days after you accept the refund.
 

09. Images and Business Promotions.

You agree that, while participating in any Tour, images, photos, or videos may be taken by other participants, the Tour Operator, or its representatives that may contain or feature you. You consent to any such pictures being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to the Tour Operator, its contractors, sub-contractors, and assigns, to reproduce for any purpose whatsoever (including marketing, promotions, and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.

 

10. Personal travel requirements and responsibilities: 

 You accept responsibility for both you and your party in respect of the following:

a) You must ensure that you and your party have valid passports and appropriate visas. 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. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa, or immigration requirements. Further information regarding visas and travel destinations advice can be found at www.fco.gov.uk. Your passport should have a minimum of 6 months’ validity from the date of travel. You should check if vaccinations are required for your chosen destination with your doctor.

b) Airline regulations state that women who are 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certification stating that they are fit to travel. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.

Your names on tickets must be identical to the names on your passports. It is your responsibility to ensure that the names used during booking/confirmation are correct and identical to all of the names and surnames on your passports.

Departure and check-in times: You are responsible for ensuring arrival on time and at the stated meeting places. After tickets are issued, there may be changes in departure and arrival times and it is your responsibility to keep yourself updated about this.

c) You must be responsible for the behaviour of yourself and your party as any kind of inappropriate behavior might lead to the cancelation of your trip including overcharge for any damage caused. Our business will not take any responsibility for your conduct or party member.

d) You are responsible for ensuring before traveling you are in possession of all tickets, vouchers, and passes required to travel.

e) You are responsible for pre-booking airline seats and reconfirming your return flight and transfer.

 

11. Our liability for your booking.

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed by the contract or are improperly performed by us, or the travel service suppliers and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both.

We will not be liable where any failure to perform or improper performance of the travel services is due to:

    • You or another member of your party; or
    • A third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or
    • Unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken

Our liability, except in cases involving death, injury, or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:

Any relevant international convention, for example

    • The Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea,
    • The Berne Convention in respect of travel by rail and,
    • The Paris Convention in respect of the provision of accommodation,

These conventions limit the amount of compensation and put conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage, and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.

You can ask for copies of the international conventions, from topafrica@thetopafrica.com. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation, or delay to flights.

Full details will be publicized at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.

Also, when we are we are acting as your agent to our tour suppliers to that local area we are supposed to abide by the provision terms and conditions of their services and they will apply to you and your team members. However, your booking statutory right will not be affected. As per United Kingdom justification.

If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible, of an equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

NB: This clause above No11 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

 

12. Insurance

Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance 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. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover, we will not be liable for any losses in respect of which insurance cover would otherwise have been available.

 

13. Excursions

Excursions or other tours that you may choose to book or pay directly with other operators than us whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book or pay directly with other operators than us, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during its provision by such operators.

 

14. Additional Assistance

If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities, and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur if the difficulty is your fault.

 

15. Unavoidable and Extraordinary Circumstances:

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our obligations to you are affected by any circumstances which we or the supplier of the service in question could not have avoided even if all reasonable measures had been taken. These circumstances can include but are not limited to, war, the 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, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, weather conditions which make it impossible to travel safely to the destination and all similar events outside our control or the control of the supplier concerned.

 

 16. Complaints

In the unlikely event that you have any reason to complain or experience any problems with your holiday arrangement whilst away, you must immediately inform us of issues you are having by  sending an email to topafrica@thetopafrica.com or calling a hotline at +447984736263

We will require any documentation to support your complaint for us to investigate any problems you may have incurred.

If you fail to follow these procedures, we will have been deprived of the opportunity to investigate and rectify your complaint.

If we are unable to resolve your complaint, the Travel Trust Association can act as an independent intermediary. All complaints are dealt with in writing. Should you feel the need to make a complaint, please detail the matter in writing and post it to Travel Trust Association,   St Andrew House, West Street, Woking, Surrey GU21 6EB.

You are required to enclose copies of any previous correspondence that you may have had with us and any paperwork that is at all relevant e.g. receipts, invoices, etc. Upon receipt, Travel Trust Association will act as an independent intermediary in your grievance with the member and shall liaise between both parties. Should the response that you receive from us not be satisfactory, the Travel Trust Association can then offer you an arbitration service.

The arbitration service is administered and managed independently by the Travel Trust Association and the Travel Trust Association member. The arbitration scheme is arranged by the TTA and provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The Scheme does not apply to claims for an amount greater than £2,500 per person. There is also a limit of £10,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. Details of the scheme can be supplied on request.

 

17. Behaviour:

Please be aware that the booking conditions of the supplier will normally state that your stay 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 in the 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.

You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid directly at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s legal costs) as a result of your actions.

 

18. Special Requests/Medical Problems

If you wish to make a special request, you must do so at the time of booking. We will endeavor to pass any reasonable requests on to the relevant supplier, but we cannot guarantee that requests will be met.

The fact that a special request has been noted on your confirmation invoice or any other documentation or that has been passed on to the supplier is not confirmation that the request will be met.

Failure to meet any special requests will not be a breach of contract on our part unless the request has been specifically confirmed.

We are happy to advise and assist you in choosing a suitable holiday. As some of the accommodations and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts, etc., it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs.  We accept no liability if we are not advised of any special requirements your party has before a booking is completed. If we are advised of a special requirement after a booking has been completed, your booking may be subject to additional charges to make the required arrangements.

If we reasonably feel unable to properly accommodate the particular need of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we became aware of these details.

 

19. Data Protection

Once you have confirmed your details (and those of your party) with us we will proceed to confirm the booking.

Save as expressly set out in these Booking Conditions, only the necessary booking information that you provide to us will be passed on to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements.

The information may also 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. If you are traveling to the United States, the US Customs and Border Protection will receive this information to prevent and combat terrorism and other transnational serious crimes.

If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking.

 

20. Law and jurisdiction

These terms & conditions are governed by English Law and the jurisdiction of the English and Wales Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.