HABITUS TOURS
Habitus tours has set these following terms and conditions to be applied to any parties engaged in the tour booking. HABITUS COMPANY LIMITED trade as Habitus tours established under the Companies Act, CAP.212 of Laws of Tanzania whose registered office is at Mjimwema Street, Kigamboni P. O. Box 23224, Dar es Salaam, Tanzania (hereinafter called “the Service Provider”) of the other part.
These terms and conditions are set to govern the contractual relationship between Habitus tours and our parties who are booking to make tours with us. Habitus tours reserve the rights to change any of these terms and conditions without any consent of other party. Please read these terms and condition carefully as by doing any booking with Habitus tours it will be acknowledged that the part have understood all terms and conditions and agree to be bound with them. If is the agent or any other representative is deemed to accept these terms and conditions on behalf of our esteem clients who are appeared in the booking. The person who confirm the booking is considered to be the contact personnel on the behalf of the others who are in the same group.
- Payments
Upon booking of any tour with HABITUS TOURS a 50% of deposit is required for the purpose of secure the tour and start of the ground preparation of such tour. If there will be other payment instruction required they will be made through other means of communications via e- mail or WhatsApp or any other should be taken for records. Habitus tours recommends all payments for the booking should be completed four weeks before the starting date. Any booking within that time should be paid in fully. We Habitus tours are not involved in money transfer or any bank charges. We are advising our parties to remember to cover the charges before transactions, all our transactions should be done through Habitus tours bank account.
- Methods of Payment
Payments can be made by bank transfer
CRDB Bank Kigamboni Tanzania
Swift code: CORUTZTZ
Account Name:
Acc No. 015C742382800.
- Bookings
Habitus tours presume the personae of any party who is doing and confirming the booking is more than 18 years of age or beyond. We are not going to accept underage confirmations without the written consent of the parents/guardian or lawyer. Our clients are required to provide full and accurate information when required by Habitus tours during the process of booking.
- Booking Procedures
Habitus tours do not offer package holidays but will create a tailor made holiday to suit your personal needs. A binding contract comes into existence between us when:
- we receive a deposit of 50% of the quoted price, or
- when we receive full payment of the holiday when the booking is made less than 12 weeks before your departure date.
No contract will exist between the parties until such an offer has been received. We require full payment to be made for your holiday 12 weeks prior to the departure date. If full payment is not received 12 weeks prior to the departure date, we reserve the right to cancel your holiday and apply the cancellation charges set out. Cancellation will be without penalty to us and we will have no further liability to you. However, you have already provided us with your credit or debit card details whether this was to make a payment on account or not, and you do not specifically notify us in writing to the contrary prior to the date upon which any balance becomes payable by you, you agree that we may use such credit or debit card details to obtain payment of any balance due by you under this agreement. 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 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. If you accept our quote in respect of your holiday you must make a payment of 25% of the total price of the quote within 14 days. A delay in acceptance of the quote may result in a variation of the holiday price. Where the proposed departure date is within 12 weeks of the quote being given we require full payment at the time of your written acceptance of the quote.
- Cancellation
In the Booking cancellation by any means Habitus tours, should be informed by writing and the cancellation will be done upon receive of the written information. Please note that any costs of international flights are 100% non-refundable. Habitus tours will cover the damages caused by any cancellation through the following fee depending on the number of days before the tour departure day;
| SN | Days before departure | % of the cost per tour |
| 1. | 60 – 45 days | 25% of tour cost |
| 2. | 44- 29 days | 70% of tour cost |
| 3. | 27- 12 days | 85% of tour cost |
| 4. | 11- 4 days | 95% of tour cost |
| 5. | 3- non response | No refund |
Note; money transfer and bank charges are upon the clients.
Matters influencing a surcharge would include, but are not limited to, increases in transportation costs e.g. fuel, scheduled air fares and any other airline surcharges, taxes or fees payable for services such as landing taxes, or embarkation or disembarkation fees at ports or airports, or increases in park fees, reserve fees or concession fees. The price of your itinerary will be based on known costs at the date of issue of the itinerary. At any time before a full payment of your holiday has been made Habitus Tours reserves the right to levy a surcharge where costs have changed since the date of issue of the itinerary. Habitus Tours will absorb amounts up to 2% of the total holiday price and surcharge any amount greater than 2%. Should the surcharge exceed 10% of the total holiday price you are entitled to cancel the holiday and receive a full refund of all monies paid. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday 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 Client
If you wish to change your itinerary after a deposit has been made Habitus tours will do utmost to make the changes required, provided that notification is received in writing. The change fee is will be imposed per person. We cannot make alterations to your itinerary within 12 weeks of departure and any such request will be treated as a cancellation of the original booking and will be subject to the cancellation charges set out.
- Cancellation by Habitus Tours
We reserve the right in any circumstances to cancel your holiday for any reason at any time before full payment has been received. Whilst we always endeavor to avoid changes and flight cancellations, we must reserve the right to do so. In these circumstances, we will return to your offer or an alternative holiday of a comparable standard. In this event we will pay compensation of $55 per person. We may cancel your confirmed holiday if you fail to comply with any requirement of these booking conditions entitling us to cancel or by the government order to do so.
We cannot accept liability or pay compensation where the performance or 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 conditions force majeure means any event which we or the supplier of services in question could not even with all due care foresee or avoid. Such events are likely to include, but are not limited to, 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, cancellation or amendment to any scheduled flight, closure or congestion of airports or ports, adverse weather conditions and all similar events outside our control. In circumstances amounting to force majeure, we will not refund any money to you although if we can recover any monies from our suppliers we will refund these to you.
- Amendments
Habitus tour reserves the right to update and/or alter terms and conditions at any time and post the amendment term and conditions on the Habitus tour’s website. It will take 7 working days for the amendment to be effective after been posted in the website. The latest terms as amended may be accessed any time on the Habitus tou’s tour offices and website and will be set to client once requested. The client shall be deemed to have accepted any amendment to the terms and condition on the date that is 7 working days after have been posted on the website. The clients’ advices to refer to the terms and condition prior to their travel to familiarizes themselves with the most up to date version of terms and condition.
- Third Party Supplies/ Outsourced Services
Habitus tou use outsourced contract with other parties in the hospitality industry this include but not limit to accommodation providers, activity providers, airline, coach companies, transfer operators, shore excursion operators, tour and local guidance to the provide the client with the whole component part of product.
The outsourced service provider is carefully selected. The Habitus tour is unable to manage the outsourced (third party suppliers) thus it cannot be responsible for their acts or ommissions to the extent permissible by law. Habitus tour is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience loss of enjoyment., upset, disappointment, distress or frustration whether physical or mental resulting from the act or omission of any party other than company and its employees.
- Travel insurance
Habitus tours are not covering for the travel insurance but we can assist our client to obtain if they wish to have, but we advise them to take travel insurance, medical cover, rescue and evacuation cover from their country of origin. We recommend and highly request our clients to cover themselves for any costs that may arise out of the cost covered for the tour. Habitus tours will not be responsible for any delay, damage, loss, injury or any inconvenience that may be cause by our clients but we will advise and promote the proper way to avoid them to occur. If our client has any cover it is upon his responsibility to inform his/her service provider upon the time and mode of the tour is undertaking.
- Images & Marketing
With client consent, Habitus has a right to use any photographs and videos taken during tours for marketing and any advertising purpose. Habitus tour will retain copyright for those photographs and such material.
- Liability
Habitus tour is not responsible for any damages expenses, losses or claims which are attributable to the fault of any client the unforeseeable or unavoidable act or omission of third party unconnected with the provision of any services that form any of the tours or a force majeure event. Habitus tour shall have no liability for loss, theft or damage to baggage or personal effect of clients while participating in tour client should not leave personal belongings unattended in any public areas on board any mode of transportation or elsewhere and responsible at all time for their own effects and belonging.
- Force Majeure
In relation to Habitus tour any circumstances beyond the habitus tour’s control this include and not limit to act of God’s, explosions, floods, tempests, fires accidents, war or threat of ware, sabotage, insurrection, civil disturbance or requisition, sickness quarantine, government intervention, weather conditions or other outwards occurrences. If Habitus Tour is affected by force majeure will notify its customers on nature and extent therefore the company shall not be deemed to be in the beach of these terms and conditions or otherwise be liable to the client by reason of delay in performance or by non-performance of any of its obligations hereunder to the extent that any delay or non-performance is due to any force majeure. If the company is affected by force majeure it shall be entitled to and may at its sole and absolute discretion vary or performance is due to any force majeure.
- Complaints
In any course of complaint whilst travelling they should bring it to the attention of the company’s management though on info@habitus.co.tz or mobile +255 717 777 099 or +255 736 777 099. Any complaint made after the completion of tour must be received in writing by the company within 20 working days of the end of the tour in questions.
- Force Majeure
Habitus tours regrets that we cannot cover any party in the case of the force majeure. Our proper performance may be affected by any incident that is beyond our ability in the event like war, terrorism, natural disaster, government changes of the laws or regulations, borders closure, epidemic or any other incident that Habitus tours cannot manage, but with all means Habitus tours will provide and anticipate general security to our clients.
- Special requirement
Habitus tour we do care to the special requirements from our clients, these requirements should be in the conformity of the tour like a certain accommodation, environment, dietary or any other special need that can not deviate the terms and conditions. Habitus tours is not liable when does not fulfill the requests that are threatens to bleach the governing constitutional by nature.
- Medical Conditions
The clients who has agreed and decide to book the tour should be ready and willing to provide their medical information when required in the case of attempt the tour which challenges their fitness. This is due to their safety when in need to assess their capability of the certain attempted a tour that mighty be challenging.
Habitus tours we advise our clients to seek medical advice from their physician regarding vaccination, medical precautions or any other medical regarding their health and the type of the tour are attempting. For the adventure seekers, Habitus tours provide the adventure tours some of them are happening in very remote areas, this hinder the easy accessibility of the proper medical care.
- Prices and Tax
The tourism nature in Tanzania has been swaying as a results causes the prices and some of the taxation to be high. Habitus tours has set our prices to protect clients from price fluctuation our price are set for the season not for situation. Habitus tours reserve the rights to surcharge whenever the government has made any governmental incremental in costs like fuel, or rise taxation or any fee.
- Passports and visas
Habitus tours is not held responsible for any mismanagement of personal permits, passport or visa for a tour. It is upon the Client to ensure that passports and visas are valid for the countries visited. Most nationalities can get a tourist visa on arrival in Tanzania at the border/airport ($50 per person, US Citizens $100 per person). This tourist visa is valid for a period of three months. You can also get your visa in advance at the embassy in your home country. Check the visa rules before you embark for the safari. Passports should have at least six months of validity after the final day of travel.
- Documentation
Please carefully read your confirmation invoice, tickets 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. We regret we cannot accept any liability if we are not notified of any inaccuracy in any documentation within 14 days of our sending it out. You will be responsible for any costs and expenses involved in rectifying any inaccuracies in such time for either mistake.
- The law to used
The above booking terms and conditions together with all correspondence form part of your contract with Habitus Tours. This contract and any matters arising from it shall be governed by and interpreted in accordance with Tanzanian law and the courts shall have exclusive jurisdiction to hear any and all proceedings between us either relating to our contract or arising out of it.
- Waiver of Claim against Introducer
If you have been referred to us by another part (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 holiday, please inform the relevant organizer (camp/hotel manager/Safari provider) immediately and he will endeavor to put things right. If your problem cannot be resolved locally you must send full details to Habitus tours in writing within 21 days of your return to the country of origin. 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.
- Carriers
Carriage by air, sea or land is subject to the terms and conditions of the carriers with whom you are travelling and to international conventions. Habitus tours accepts no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to Habitus tours, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. Habitus tours accepts no liability for death, injury or illness that derives from carriage by air, land or sea.
- Our responsibilities
Habitus tours accepts responsibility for ensuring your holiday is supplied as described prior to your departure and services provided will reach a reasonable local standard, however we draw your attention to paragraph 12. 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 in our brochure and we have not agreed to arrange them. The information contained in our brochure and website are correct to the best of our knowledge at the time.
Our brochure 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 Habitus tours. They do not form any part of your contract with Habitus tours, even where we suggest or recommend particular operators/centres/trips and assist you in booking such activities or excursions in any way. Accordingly, we regret Habitus tours 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 in our brochure, resort, 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. Habitus tours has 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 particular activity or excursion concerned. We do not limit or exclude our liability for death or personal injury arising from our negligence.
We would remind customers that the infrastructure in one countries may not be up to the same standard as your country of origin. Some resorts may experience the occasional power cut or water shortage. Please note that 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:
- The fault of the persons affected or any members of their party,
- The fault of a third party not connected with the provision of your holiday, which we could not have predicted or avoided,
- An event or circumstances which we or the supplier of the services in question could not have predicted or avoided, even after taking all reasonable care (see force majeure),
- The fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your holiday or suffer problems because of a reason you did not tell us about when you booked your holiday, 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. We accept responsibility for the negligent acts of our employees, agents and direct suppliers, which results in death, injury or illness. Our liability shall be limited to 100% of the holiday price for any claim other than those involving injury or death arising from our negligence. 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. If you or any member of your party is exterminated, injured or becomes ill as a result of transport by aircraft, ship, train or coach, the amount of compensation we will pay is limited in line with the Warsaw Convention, the Athens Convention, the Berne Convention, and the Geneva Convention. You should also note that these conditions may limit or remove the carrier’s liability to you and the amount the carrier has to pay you. 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. Habitus tours accepts liability as above only if a claim is notified to us in writing no later than one month after your return.
