Your contract is made with Leisureafrique (the Company). You are referred to as the Client. By signing the Booking Form you have indicated that you wish to join the specified tour (the Tour) subject to the following terms & conditions.

1. All written information supplied to the Client is provided in good faith and based on the knowledge and information available to the Company prior to publication. Any substantial changes as shall be known to the Company shall be communicated to the Client prior to the departure date. If such changes are such as to constitute a significant alteration to an essential term of the contract, clause 10 shall take effect.

Reservations and Payments

A deposit of $200.00 per person is required to secure a reservation for group tours. Final payment is due no later than 30 days prior to departure. If payment is made by credit card, a signed and fully completed credit card voucher (with proper authorization) must be received to secure reservations. Reservations made within 14 days of departure are subject to a $25.00 late booking administrative fee. Make cheques payable to Leisureafrique Limited. Once deposit is received, revisions will be subject to a minimum charge of $25.00.

2. The deposit is payable at the time of booking and is accepted by the Company in part payment of the fare. The deposit is not refundable save where clauses 10 & 11 may apply.

3. The Company reserves the right for whatsoever reason to return the deposit to the Client and refuse acceptance of the Client’s application.

4. The contract between the Company and the Client will be final and binding on both parties with effect from the date that notification of acceptance of the deposit is sent by the Company to the Client.

5. The balance of fare is payable to the Company (provided that the Company has requested the same in writing) not later than 30 days prior to departure.

6. If the balance of the fare and any other monies due from the Client to the Company is not paid in accordance with clause 5 hereof the Company may treat the contract as cancelled by the Client.

 7. The Company guarantees that it will not increase the published fare after the contract is made - with the exception of the circumstances covered by clause 8.

8. The Company can, at its discretion, decide to accept an application by the Client to transfer the booking to another tour operated by the Company.

Cancellation & Refund

9 (a) Cancellation of the booking by the Client for any reason shall be in writing signed by the Client and be received at the Company’s trading address whereupon, subject to the provisions of clause 9(b) hereof, the Company will refund all monies paid by the Client other than the deposit. Cancellation by email is not acceptable.

(b) The Client acknowledges that payment for the Tour contributes to the overall provision of equipment, administration etc. specific to that Tour and that the Company will incur a large part of its costs in set-up before the actual date of departure. Therefore if the Client cancels the booking less than 60 days before departure the Company shall be entitled to retain all the monies paid by the Client. [Clause 21 requires the Client to take out appropriate cancellation insurance].

10. If the Company alters significantly any of the essential terms of the contract prior to the departure date the Client shall be entitled to withdraw from the contract without penalty.

11. (a) The Company reserves the right to cancel the Tour in the event that there are insufficient numbers to make it viable, by 30 days prior to departure. Any such cancellation made between 60 - 30 days shall entitle the Client to compensation of $100.

(b) If the Company cancels the Tour before the agreed date of departure for whatever cause other than the fault of the Client or by reason of Force Majeure, the Client shall be entitled to be repaid all sums paid pursuant to the contract.

12. Notwithstanding anything to the contrary elsewhere in this contract should the Tour or part thereof not take place by reason of Force Majeure the Company shall be entitled to retain from the monies received from the Client any reasonable sums expended on the Client’s behalf in the arrangements or preparations for the Tour or part thereof. If part of the Tour does not take place by reason of Force Majeure no refund can be made. [Clause 21 requires the Client to take out appropriate curtailment insurance].

All refunds are subject to a $50.00 cancellation charge per adult. This charge will be in addition to any other cancellation charges imposed by hotels. All requests for refunds must be in writing and sent to the Operator. Cancellation Charges are as follows:

• Twenty (20) to Thirty (30) days prior to departure - $75.00;
• Fifteen (15) to Twenty-nine (29) days prior to departure - $100.00;
• Eight (8) to Fourteen (14) prior to departure - 50%;
• Seven (7) days or less - 100%, No Refund.

All appropriate receipts and documentation MUST accompany the refund request.

13. No refund shall be made in respect of any unused portion or part of the Tour or services to be provided or given if the Client through sickness, ill health or any other reason departs from any portion or part of the Tour.

Responsibility

The company (Leisureafrique Limited), 80 Allen Avenue, Ikeja, Lagos (Operator) in consideration for a Participant's payment agrees to provide these travel tours. The Operator owns and operates her vehicles for all her trips but sub contract such services occasionally to some service providers when her vehicles are not in good condition to be used.

14. Where the Company’s own vehicle is not used the Client agrees that the obligation of the Company to the Client is to select normally competent independent sub-contractors to provide transport and any other services related to the Tour and to exercise reasonable care in selecting such suppliers to provide these services. The Company will use all reasonable efforts not to sub-contract for such transport and services except as previously notified but reserves the right to do so.

15. With regard to any complaint or claim the Client agrees:

(a) Contract whether by the Company or its suppliers is communicated to the Company, and (b) to give written details of any unresolved serious complaint to the Tour Leader, and (c) in the event of a claim for compensation the Client agrees that this must be detailed in writing and be received by the Company at its registered office address within 10 days of completion of the relevant section of the Tour. Communications by email in respect of (c) are not acceptable.

16. The Company shall be liable to the Client for the proper performance of the obligations arising from the contract irrespective of whether such obligations are to be performed by the Company or by other suppliers or services contracted by the Company. However the Company will not be liable if such failure to perform is attributable neither to any fault of the Company nor to that of another supplier or services because: (a) such failure to perform is attributable to the Client, or (b) such failure is attributable to a third party unconnected with the provision of the services contracted for and is unforeseeable or unavoidable, or (c) such failure is due to Force Majeure, or (d) such failure is due to an event which the Company or the supplier of services even with due care could not have foreseen or forestalled.

17. The Company’s maximum aggregate liability under arising from or in connection with this contract shall be limited to a reasonable sum and in no circumstances shall be greater than the actual fare charged.

18. (a) Subject to clause 17, if any claim is made against the Company by the Client arising from the non-performance or improper performance of services by the Company or a supplier of services other than the Company, the Company’s maximum liability in respect of such claim shall be limited to the amount which the Client would be entitled to receive as damages from the Company or such other supplier of services under applicable law. (b) If any such claim is made the Company reserves the right to claim in place of the Client against the relevant supplier of services. In these circumstances the Client hereby agrees to assign to the Company all its rights against such suppliers in respect of the relevant claim and the Company will be subrogated to these rights. (c) The use of the Company of transport in connection with the tours is subject to the conditions of the operators or owners of such transport. These conditions may be subject to international conventions, which may limit or exclude the carrier’s liability.

19. The Client undertakes to:

(a) Comply at its expense with laws and regulations in respect of health, immigration exchange control or any other matter of all the countries and territories visited in the course of the Tour

(b) Obtain a valid Passport or visas or endorsements appropriate for the countries and territories to be visited in the course of the Tour

(c) Comply with all reasonable requests of the Tour Leader relating to the personal behaviour of the Client in so far as it affects other group members in the case of a group tour and to abide by the Tour Leader's decisions concerning the progress and conduct of the Tour

(d) Accept and abide by the terms & conditions of all carriers concerned in the Tour.
Any breach of these undertakings shall entitle the Tour Leader to require the Client to leave the Tour immediately if in his/her reasonable opinion the safety or well being of any other tour member or members or the satisfactory progress of the Tour is thereby prejudiced. In such circumstances, the provisions of clauses 13 & 25 will apply.

20. No persons save with the express permission in writing of a Director of the Company has the authority or is empowered to waive or vary any of the conditions herein.

21. No later than the date on which the balance of the fare is due the Client will effect and then maintain sufficient and appropriate cancellation curtailment medical expense and third party liability insurance in respect of the Client and dependent relatives. The Client shall be satisfied that such insurance fully covers all personal commitments including medical expenses and repatriation in the event of an accident and illness and in no circumstances is this insurance to cover less than the total time of the Tour + 2 weeks.

22. If the Company is obliged to utilise unplanned air or sea transport for its vehicle and/or the Client, the Client will accept such other means of transport so as to enable the Tour to continue. The Company reserves the right to request further payment from the Client in respect of irrecoverable expenditure incurred in relation to such unplanned transport (over and above the Tour costs) and may require the Client to make such payment direct at the point of need.

23. (a) The Company reserves the right at any time to require the Client to produce a Doctor’s Certificate certifying that the Client is fit to participate in the Tour (b) It is the Client’s responsibility to ensure that all necessary health precautions are taken in line with the Company's advice.

24. The Company shall not be liable for any damage suffered by or caused to the personal property of the Client of loss thereof during the course of the Tour if such damages are caused by negligence on the part of the client.

25. In the event of the Client on his/her own volition leaving the Tour before completion through sickness, ill health or any other reason whatsoever, all liability and responsibility that the Company may bear to the Client will immediately cease.

26. For the purposes hereof the Client is deemed to join the Tour on first boarding the Tour vehicle and quits the Tour on finally leaving the Tour vehicle upon completion of the Tour or at an earlier time.

27. The Client acknowledges:

(a) That by the very nature of the Tour, a Client is exposed to an element of personal risk and exposure to potential hazard over and above those associated with conventional holidays. The Client therefore accepts and consents to the risks inherent in the implementation of this contract and accepts as reasonable the limitations of the Company's responsibility as set out herein.

(b) That the Foreign offices of some countries from time to time publishes generalised commentaries on travel in countries and territories which are part of the Tour itinerary and the Company bases its travel decisions on a variety of sources and does not rely exclusively on such commentaries on the basis that such advice can be inapplicable to the area to be traveled.

(c) That prior to the contract, the Client has been given general information on passport and visa requirements for the Tour and of the health formalities required for the Tour and the company knows of no reason why the Client cannot comply with these requirements.

28. This Contract shall be construed in English in accordance with applicable international Laws and the parties irrevocably submit to the exclusive jurisdiction of the International Court to settle any disputes, which may arise out of or in connection with this contract. These Booking Conditions have been formulated as a result of our responsibilities under law and do not affect your statutory rights.

Force Majeure: Unusual and unforeseeable circumstances beyond the control of the Company the consequences of which could not have been avoided even if all due care had been exercised and shall include, but not limited to, strike, lockout, civil disturbance, government intervention, events emanating from political disputes, border closures, riot, threat of war, disaster, terrorist acts or disturbance, inclement weather or Act of God.

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