*Note: We will not pay you compensation in the following circumstances:
- where the change to your trip is minor;
- where we make a significant change or cancel your trip more than 56 days before the start of your trip;
- where we make a significant change and you accept the change, or you accept an offer of a substitute trip;
- where we have to cancel your trip as a result of your failure to make full payment on time;
- where we have to cancel because the number of persons who have booked the trip which you are attending is smaller than the minimum number applicable to the trip as stated in the contract and you are notified of the cancellation within the timescales stipulated at clause 11.7;
- where the change or cancellation arises out of changes to the confirmed booking requested by you;
- where we are forced to cancel or change your trip due to Events Beyond our Control (as defined in clause 15).
11.9 Changes made during the trip.
If we become unable to provide a significant proportion of the trip that you have booked after it has started, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
11.10 Postponement of your booking.
Please note that where we have to postpone or otherwise cancel your trip and re-book you on to a later date due to Events Beyond our Control, this will not be a new booking contract with us but an amendment of your existing booking contract with us (unless we expressly say otherwise). As such, all payment, cancellation and other terms remain the same. This means that for the purposes of payment of the balance due date, payment will be required not less than 8 weeks prior to the original scheduled departure date, and cancellation charges will apply based on your original departure date, not the new date.
12. Your responsibilities
12.1 Positive contribution and behaviour.
A condition of your booking is that you are required to make a positive contribution to the project and to behave at the project and on the journey to and from it in a proper manner and in particular to observe strictly any rules and regulations of the project. You are expected to participate in the daily running of the project, abide by the instructions of the project managers, coordinators, rangers or guides and be tolerant to other volunteers on the project and to the cultures of other people you come into contact with.
If in our opinion or in the opinion of any person in authority, your behaviour or that of any member of your party is causing or is likely to cause offence, distress, danger or annoyance to any of our other travellers or any third party, to cause damage to property, to cause a delay or diversion to transportation or if you / any member of your party fail to follow any of the rules and regulations of the project, we reserve the right to terminate your booked arrangements with us immediately. In the event of such termination we will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred by you as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you.
In particular, illegal actions, violent conduct, drug or alcohol abuse and not listening to the instructions of a project manager, coordinator, ranger or guide will not be tolerated.
12.2 Travel advice.
For up-to-date travel advice from the UK government, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk. We recommend that you consult these websites (or the applicable website for your country of residence) before booking in order to make an informed decision about your chosen destination, and again before departure.
12.3 Passports & Visas.
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change, and you must check the up to date position in good time before departure. We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
12.4 Entry restrictions.
Please note that in certain circumstances, entry restrictions can be imposed at a destination with little or no notice and which may affect your ability to travel to or enter the destination. You must ensure you have sufficient travel insurance to cover any losses you incur as a result, including cancellation charges, as we will not be liable to you for any losses you incur in these circumstances.
13. If there is a problem during your trip
13.1 How to tell us if you have a problem.
If you have a complaint about your trip, you must inform the relevant transfer provider or project manager or coordinator immediately who will endeavour to put things right. If you feel that they have not adequately dealt with your complaint then you should contact ACE’s in-country team through the phone number given to you. It is only if you do this that we will have the opportunity to put matters right whilst your trip is underway.
13.2 If you are still unhappy after you’ve returned from your trip.
If your complaint is not resolved locally, please contact us as soon as possible on +441454269182 or other contact details which can be found at www.conservationafrica.net/contact-us/. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at 2nd Floor Nucleus House, 2 Lower Mortlake Road, Richmond, TW9 2JA, United Kingdom within 28 days of the end of your stay, giving your booking reference and all other relevant information. Your complaint or claim will be investigated, and a full reply sent to you as soon as possible. As our investigations often involve obtaining information from overseas, it may take a few weeks.
13.3 Alternative dispute resolution.
We are a Member of ABTA, membership number Y6702. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you ABTA's scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can't resolve your complaint, go to www.abta.com to use ABTA's simple procedure. Further information on the Code and ABTA's assistance in resolving disputes can be found on www.abta.com.
14. Our responsibilities to you
14.1 We are responsible to you for the proper provision of your trip.
We will accept responsibility for your trip as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out in this clause 14. This means that we are responsible for the proper provision of the travel services included in your trip, as set out in the confirmation invoice. Subject to these terms, if we or any of the suppliers we have engaged to provide the travel services making up your trip, negligently provide those travel services and we don’t remedy or resolve your complaint within a reasonable period of time, and this affects the enjoyment of your trip, you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your trip. The level of such compensation will be calculated taking into consideration all relevant factors such as, but not limited to: following the complaints procedure as described in section 13 and the extent to which ours or our employees’ or the supplier’s negligence affected the overall enjoyment of your trip. Please note that it is your responsibility to show that we or the suppliers have been negligent if you wish to make a claim against us.
14.2 What we will not be responsible for.
We will not be responsible for any injury, illness, death, loss (including loss of possessions or enjoyment), damage, expense, cost or other sum or claim of any nature whatsoever which results from:
- the act(s) and/or omission(s) of the person(s) affected.
- the act(s) and/or omission(s) of a third party not connected with the provision of your trip and which were unforeseeable or unavoidable.
- Events Beyond our Control (as defined in clause 15).
We cannot accept responsibility for any services that do not form part of our contract. This includes, for example, any additional services, experiences, excursions, activities or facilities that you purchase or book during your trip, where the services or facilities are not advertised on our website as forming part of your trip and we have not agreed to arrange them as part of our contract.
We cannot accept any liability for any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not reasonably have foreseen you would suffer or incur if we breached our contract with you, or which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any expenses or losses that relate to or arise from any business (including without limitation, self-employed loss of earnings), or any indirect or consequential loss of any kind.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
14.3 Limits to our liability.
We limit the amount of compensation we may have to pay you if we are found liable to you, as follows:
- loss of and/or damage to any luggage or personal possessions and money: The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
- Claims not falling under (a) above and which don’t involve injury, illness or death: The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- Claims in respect of international travel by air, sea and rail: Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and / or off the transport concerned) provided by any air, rail or sea carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or EU regulation that applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or, for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers in the event of accidents and/or the Athens Convention (as amended by the 2002 Protocol) for international carriage by sea and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended for travel by rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the time limits stipulated in the applicable convention or regulation), we similarly are not obliged to make a payment to you for that claim or part of the claim. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or regulation. You are not entitled to make any claim against us which concerns or is based on any travel arrangements provided by any air, rail or sea carrier if such a claim is not expressly permitted to be brought against the carrier by the international convention or regulation that applies to the travel arrangements in question. When making any payment, we will deduct any payment that you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
- When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
14.4 Where you are unable to return home.
Where it is impossible for you to get to the agreed end point of your trip at the time and place shown in your itinerary, due to “unavoidable and extraordinary circumstances”, we will provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your trip. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
14.5 Where you require assistance during your trip.
If, during your trip, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
15. Events Beyond Our Control
15.1 What are Events Beyond Our Control?
In these terms, “Events Beyond our Control” means a situation which is beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics, fire, airport, port or airspace closures, restrictions or congestion and flight restrictions imposed by any regulatory authority or other third party, an FCDO advisory against travel to a particular destination and any other government restrictions on travel.
15.2 Our responsibility for Events Beyond Our Control.
Except where otherwise stated in these terms, we have no liability including for compensation, costs and expenses where the performance of our obligations under this contract is prevented or affected by, or you otherwise suffer any damage, expense or loss as a result of Events Beyond Our Control.
16. Delays, flights and transport arrangements
16.1 It is your responsibility to arrive on time.
It is your responsibility to ensure that you arrive at the start point of your trip at the time stated in your booking documentation. We cannot accept responsibility or liability for any disruption or delay in travel arrangements that you have booked independently. If you fail to reach your start point on time we will not be able to delay the transportation to your project and this may result in you missing some or all of your booked project as a result.
16.2 No liability for delays to flights or other transport.
Air, rail, road and other departure times are supplied by the carriers. They are subject to, inter alia, air traffic control restrictions, weather conditions, the need for maintenance and the ability of passengers to check in on time. We do not have any liability to you for any delays that may arise (including any at your international departure airport). We will provide you with information and advice to the extent we are in a position to do so. Where applicable, the airline is responsible for providing any assistance as is legally required by EC 261/2004 (denied boarding and flight disruption) (see clause 16.4). Otherwise, any arrangements in the event of a delay will be at the sole discretion of the airline or other carrier involved.
16.3 Community list.
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a ‘Community list’ that contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en.
16.4 Change of carrier.
We are also required to advise you of the carrier (or, if the carrier is not known, the likely carrier) that will operate your flight at the time of booking. Where we are unable to inform you of the likely carrier at the time of booking, we will inform you of the identity of the actual carrier as soon as we become aware of this. Any change to the operating carrier after your booking has been confirmed will be notified to you as soon as possible. We are not always in a position at the time of booking to confirm flight timings. The flight timings shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets that will be sent to you before departure. You must check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been sent – we, or the airline, will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and / or aircraft type (if given) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these terms. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above and we / the carrier are unable to offer you a suitable alternative, the provisions of clause 11 will apply.
16.5 If your flight is cancelled or delayed.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 (denied boarding and flight disruption) or the UK equivalent. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to EC261 or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under EC261. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with EC261 or otherwise, you must, when requested, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that payment. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints Service. See https://www.caa.co.uk/Passengers/Resolving-travel-problems/ for further details
17. Insolvency protection for your payments
17.1 Membership organisations.
We are a member of ABTA (ABTA number Y6702). We also hold an Air Travel Organiser’s Licence (ATOL) issued by the Civil Aviation Authority (ATOL number 6123).
17.2 Our legal obligation to provide insolvency protection for your payments.
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package trips booked with us and for your repatriation in the event of our insolvency.
17.3 Insolvency protection through ATOL.
If you are based in the European Economic Area (EEA) or the UK and the package you book with us includes a flight, or you are based outside the EEA or UK and the package you book with us includes a flight departing from or arriving in the EEA or UK, we provide insolvency protection by way of our Air Travel Organiser's Licence (ATOL, number 6123) issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk. When you buy an ATOL protected flight inclusive package 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, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with 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 make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, 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 arising 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 sums you have claimed under the ATOL scheme.
The price of our flight-inclusive packages includes the amount of £2.50 per person which is the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. For further information, visit the ATOL website at: www.atol.org.uk. Not all trip or travel services offered and sold by us will be protected by the ATOL Scheme.
17.4 Insolvency protection through ABTA.
If you are based outside the European Economic Area (EEA) or the UK and the package you book with us does not include a flight departing from or arriving in the EEA or UK, we provide full financial protection by way of a bond with ABTA (ABTA Ltd, The Travel Association, 30 Park Street, London, SE1 9EQ, www.abta.com). ABTA will financially protect your trip in the event of our insolvency by arranging for you to receive a refund and, if your package includes transport, you to be repatriated. In this case, if already abroad, you will be returned to the point where your package trip with us commenced. Please go to www.abta.com for information on ABTA’s travel protection.
18. Special requests
18.1 You must notify us of special requests.
If you have any special request, you must advise us at the time of booking. Although we will endeavour to cater for any special requests, we regret we cannot guarantee any request unless it has been specifically confirmed in writing. Failure to meet any special request will not otherwise be a breach of contract on our part. Confirmation that a special request has been noted or the inclusion of the special request on your confirmation email or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
19. How we may use your personal information
19.1 How we may use your personal information.
We will only use your personal information as set out in our https://www.conservationafrica.net/privacy-policy.
19.2 Photography and video consent.
We may take photographs and videos during your trip for promotional and marketing purposes, including but not limited to our website, social media, printed materials, and presentations. By booking with us, you consent to the use of any images or footage in which you may appear, unless you notify us in writing before your trip commences.
19.3 In the event of our insolvency.
In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA, and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at https://www.caa.co.uk/Our-work/About-us/General-privacy-notice/ and ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice.
20. Other important terms
20.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
20.2 Nobody else has any rights under this contract (except someone you transfer your trip place to).
This contract is between you and all persons named on the booking, and us. No other person shall have any rights to enforce any of its terms. Neither you nor us need to get the agreement of any other person to end the contract or make any changes to these terms.
20.3 Conditions of suppliers.
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
20.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
20.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of your booking in the English courts. If you live in Scotland, you can bring legal proceedings in respect of your booking in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of your booking in either the Northern Irish or the English courts.