Welcome to Vakasha Africa!

These terms and conditions outline the rules and regulations for the use of Vakasha Africa’s Website, located at https://vakashaafrica.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Vakasha Africa if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Vakasha Africa, you agreed to use cookies in agreement with the Vakasha Africa’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Vakasha Africa and/or its licensors own the intellectual property rights for all material on Vakasha Africa. All intellectual property rights are reserved. You may access this from Vakasha Africa for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Vakasha Africa
• Sell, rent or sub-license material from Vakasha Africa
• Reproduce, duplicate or copy material from Vakasha Africa
• Redistribute content from Vakasha Africa

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Vakasha Africa does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Vakasha Africa, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Vakasha Africa shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Vakasha Africa reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Vakasha Africa a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Hello Marketing; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Hello Marketing. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Vakasha Africa’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Contract

Your contract is with Vakasha Africa (“Vakasha”) and Vakasha Africa LLC (Vakasha together “we” or “us”).  We draw your attention to the following terms and conditions, which cover all brochures and correspondence and all bookings made with us.  Any contract with us is subject to these terms and conditions from which no person has the authority to depart.  Before making a booking with us you must ensure that you have read and understood these booking conditions (raising any queries you may have with us).  By asking us to confirm your booking you are accepting the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.

Booking Procedure

Vakasha offers pre-curated tour packages. A binding contract comes into existence between us upon the receipt of any monetary payment (either as a partial payment or in full) for the chosen tour package.  No contract will exist between the parties until such monies have been received.

If you are booking more than 90 days in advance of the date of travel, we require the payment of a $500 deposit at the time of booking confirmation and the remaining balance to be paid 90 days prior to the departure date.  If you are booking within 90 days of the departure date, full payment will be due at the time of booking confirmation.

If full payment is not received 90 days prior to the departure date, we reserve the right to cancel your travel and apply the cancellation charges set out in paragraph 5.  Cancellation will be without penalty to us and we will have no further liability to you.  If you have provided us with your credit or debit card details, you agree that we may use such credit or debit card details to obtain payment of any balance due by you under this agreement, unless you have specifically notified us in writing that the credit or debit card on file is not to be used for the payment of any outstanding balance.

The lead booking name is liable for making full payment for all persons in the booking party and all those in the booking party agree to be bound by these terms and conditions (including anyone added or substituted at a later stage).  It is the responsibility of the lead booking name responsible for making the booking to ensure all in their party are aware of and have read these terms and conditions.

Medical Conditions and Disabilities

If you or any member of your party have any medical problem or disability which may affect your travel, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements.  In any event, you must give us full details in writing at the time of booking in order to ensure that the trip is suitable for the given conditions.  If full details are not given at the time of booking, we reserve the right to cancel in accordance with section 5 below and at no penalty to us when we become aware of these details.

Documentation

Please carefully read your confirmation invoice and all other documentation we send you as soon as you receive them.  Contact us immediately if any information appears to be incorrect as it may not be possible to make changes later. You will be responsible for any costs and expenses involved in rectifying any inaccuracies except where we made the mistake.

Cancellation by You

Cancellation of a travel must be made in writing and is effective from the date we receive the written notification.  Upon cancellation, the deposit and any amendment charges will be forfeited.  Cancellation charges are expressed at a percentage of quoted price as follows:

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

Pricing Itineraries

The price of your itinerary will be based on known costs at the date of issue of the itinerary.  All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time.   Prices include a cost for fuel and local taxes that are estimated at the date of this publication.  At the time of booking confirmation, we will provide you with a Confirmation Invoice.

After a Confirmation Invoice has been sent to you, we reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase.  Any increase to your travel price will be as the result of changes in our costs of supplying your travel resulting from transportation charges, (fuel and other transport charges which form part of our contract with the transport provider), dues or taxes payable locally, VAT, currency fluctuations and government action, any other vendor surcharges, or increases in VAT, park fees, reserve fees or concession fees. If our costs to supply your travel increase, we reserve the right to increase the price of your travel and will forward an Amendment Invoice reflecting any changes made.

Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you a fee of $100 per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).

We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed.  We will advise you of any errors of which we are aware and of the then applicable price at the time of booking. 

Amendments by You

If you wish to change your itinerary after a deposit has been made, we will endeavour to make the changes required, provided that you provide a notification of the changes desired in writing.  We will charge you a fee of $150 for customer-initiated change to the booking after receipt of payment, and additional supplier fees may also be charged. Any change made will result in the booking being re-priced at the rate in effect at the time of the change and additional deposit or balance payments may be required to confirm the change. A “name change” constitutes a cancellation and will be subject to the cancellation charges set out in paragraph 5.

Cancellation by Us

We may cancel your confirmed travel if you fail to comply with any requirement of these booking conditions.  We also reserve the right to cancel your travel for any reason at any time before full payment has been received.

We cannot accept liability or pay compensation where the prompt performance of our contractual obligations is prevented or affected by, or you suffer any damage or loss as a result of force majeure. In these booking terms and conditions, force majeure means any event which we or the supplier of services in question could not reasonably foresee or avoid.  Such events are likely to include war, threat of war, civil strife, riot, civil disorder/unrest, industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, breakout of an epidemic or pandemic disease, technical problems with transport, cancelation or amendment to any scheduled flight, closure, congestion of airports or ports, adverse weather conditions and all similar events outside our control.  In the circumstances amounting to force majeure we will not be required to refund any money to you, although if we can recover any monies from our suppliers we will refund these to you without any charge by us.

Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.  If we cancel your travel for a reason not identified above, we will return to you all monies paid or offer an alternative travel of a comparable standard.  In this event we will pay compensation of USD $100 per person.

Amendments by Us

It is unlikely that we will have to make any changes to your travel although we reserve the right to make changes at any time.  Most of these changes are minor and we will advise you of these in writing at the earliest possible date.  When a significant change in the standard of accommodation is necessary, you will have the choice of accepting the new arrangements or cancelling your travel and receiving a full refund of all monies paid, provided it does not arise from conditions amounting to (i) force majeure, (ii) of failure to comply with these booking terms and conditions, (iii) of failure to make payments when required or (iv) as a result of an amendment to a scheduled airline timetable.

Limitation of Liability

You agree that Vakasha Africa’s liability to you will never be greater than the amount spent on the trip, and that you will not seek to secure any judgment for an amount greater than the amount spent with us.  YOU UNDERSTAND AND ACCEPT THAT VAKASHA AFRICA’S LIABILITY FOR LOSS AND ANY OTHER MONETARY CLAIMS/DAMAGES WILL BE LIMITED TO BE NO MORE THAN THE MONEY SPENT BY YOU WITH US.  This clause 10 restricts the total liability to you under these terms and conditions and is only intended to limit our total liability, and other than capping total exposure to you in no way modifies the limitations of liability contained elsewhere in this document.  You recognize that adventure travel is inherently risky.  You accept the inherent risks of this travel and acknowledge that the enjoyment of adventuring beyond the normal safety of home and work is part of the reason for your participation in this trip.  As a result, you release us from all or any liability to the undersigned, his/her personal representatives, heirs, assigns and next of kin, from any and all losses, damages, death, inconvenience or injuries to the person or damage or loss of property of the undersigned, or on account of death, injury, loss or inconvenience resulting from our negligence or the negligent or willful conduct of any third parties while the undersigned is participating in a tour or any travel or other arrangements made by us.

Please note we cannot accept any liability for any damage, loss, expense or other sums of any description, which:

(a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or

(b) did not result from any breach of contract or any other fault by ourselves or our employees, or where we are responsible for them our suppliers.

Additionally, we cannot accept liability for any sums which relate to any business losses.

Our Responsibilities

Subject to clause 13 below, we accept responsibility for ensuring (i) your travel is supplied as described in your Confirmation and any Amendment Invoices and (ii) services provided will reach a reasonable local standard.  Please note we cannot accept responsibility for any services which do not form part of our contract.  This includes for example any additional services or facilities, which your hotel or other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them. The information contained on our website is correct to the best of our knowledge at the time of the confirmation of your booking.

Our website descriptions and other information provided or made available in a resort, often refers to “other activities and excursions”, which are available in the resort.  These activities and excursions are not run nor controlled in any way by us.  They do not form any part of your contract with us, even where we suggest or recommend particular operators/centers/trips and assist you in booking such activities or excursions in any way.  Accordingly, we cannot accept any liability in relation to these outside activities and excursions.  Where we make or take any bookings for or from you in respect of any activity or excursion available, we do solely as booking agents.  This is the case regardless of whether the activity is advertised or mentioned on our website or elsewhere.  Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion.  We have no liability for any such activity or excursion or for any acts or omissions of the supplier or operator or for of it/their employees or agents or any other persons connected with the activity or excursion.  If we are found liable in any respect for any such activity or excursion for example in our capacity as booking agent, that liability is limited to the cost of the activity or excursion concerned.

Please remember that the infrastructure in the countries you are visiting may not be up the same standards of your country of residence.  Some resorts may experience the occasional power cut or water shortage.  We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: a) The fault of the persons affected or any members of their party, or b) The fault of a third party not connected with the booking of your travel, which we could not have predicted or avoided, or c) Force majeure and like events, or d) The fault of anyone who is not carrying out work for us (generally or in particular) at the time of booking.  This paragraph does not alter the limitations on liability contained in clause 10, but should be read to further limit our liability to you.

In addition we will not be responsible where you do not enjoy your travel or suffer problems because of a reason you did not tell us about when you booked your travel, or where any problems you suffered did not arise from any breach of our contract, or other fault of ourselves or where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.

Our suppliers, such as accommodation or transport suppliers, have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier.  Some of these conditions may limit or remove the relevant transport providers or other suppliers liability to you.  You can get copies of such conditions from any offices of the relevant suppliers.  You should also note the carrier will rely upon its conditions of carriage, which may limit or remove the carrier’s liability to you and limit compensation under international conventions.  We accept liability as above only if a claim is notified to us in writing no later than one month after your return.

Carriers

Carriage by air, and sea is subject to the terms and conditions of the carriers with whom you are travelling and to international conventions.  We accept no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to us, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned.  We accept no liability for death, injury or illness that derives from carriage by air or sea.

Your Responsibility

You must ensure that your travel documents, passports, visas and vaccination certificates are in order and that you ensure that you have taken the advice of your primary care physician with regard to inoculations.  We will offer general advice but cannot be held responsible if you do not comply with current requirements before your departure.  We do not accept liability for any advice given of a general nature prior to the travel commencing.  You are responsible for a timely check-in for all flights and for presenting yourself to take up all pre-booked components of your travel.  No credit or refund will be given to you should you fail to take up any component of your travel or if you lose any travel documents.  We draw your attention to the fact that there are certain inherent risks involved in all of the travels that we supply and these must be accepted by you at your own risk.  If you wish to discuss any such risks with us we would be more than happy to provide advice over the telephone or in writing.

Insurance

We require you to purchase travel insurance.  You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of an accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses however arising, in respect of which insurance cover would otherwise have been available.

Binding Arbitration

You agree that any dispute concerning, relating or referring to this agreement, the brochure or any other literature concerning your trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) California law and will take place in San Diego, CA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, you and we are waiving our right to a trial by jury.

The Law

The above booking terms and conditions together with all correspondence form part of your contract with us.  This contract and any matters arising from it shall be governed by and interpreted in accordance with the laws of the State of California, USA.

Waiver of Claim Against Introducer

If you have been referred to us by another party (for example a travel agent) you agree to hold them blameless and waive any and all claims against such party.  Any issues you may have must be directed to us and dealt with under the terms of our contract.

Problems

If you have a problem during your travel, please inform the relevant organizer (camp/hotel manager/service provider) immediately and they will endeavor to put things right.  If your problem cannot be resolved locally you must send full details to us in writing within 28 days of your return from travel.  If you fail to follow this procedure, we will not accept liability as we have been deprived of the opportunity to investigate and rectify the problem.

Miscellaneous

Any purchase of goods or services which you make while on the trip are solely at your risk, including, without limitation, such problems as defects, failure to ship or damage to goods while in shipment, whether or not the purchase was made from a vendor recommended by a guide, other person rendering trip services or any third party. You agree that if you are injured or become ill, Vakasha may, at your cost, attempt to arrange medical treatment, evacuation or any other emergency services on your behalf as it deems essential for my safety and well-being but it accepts no responsibility for the quality or adequacy of any such treatment, evacuation or services. Baggage is carried entirely at your risk. We, and your local operators of tours and/or suppliers of services reserve the right to remove anyone from a trip without refund who acts in a manner which it considers unsafe or inconsiderate to fellow travelers or others and/or who ignores the requests of his or her guide(s) to act in a safe and considerate manner.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.