Terms & Conditions
Africa Travel is a trading division of Cleveland Travel Ltd., a limited company incorporated in England (company number 2797491) whose registered office is at 227 Shepherds Bush Road, Hammersmith, London, W6 7AS ('we', 'us', 'our').
We are specialist travel organisers. Our business operates out of the United Kingdom ('UK') and our services are as advertised.
ATOL - 3384
The air holidays and flights in this brochure are ATOL protected, since we hold an Air Travel Organiser's Licence ('ATOL') number 3384 granted by the Civil Aviation Authority ("CAA"). In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at http://www.atol.org.uk
Your Financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, 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 the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to 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.
Booking Conditions, Brochure and Website Wording
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Cleveland Travel, and in the event of their insolvency, protection is provided for the following:
- Non-flight packages commencing in and returning to the UK;
- Non-flight packages commencing and returning to a country other than the UK; and
- Flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.
1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Cleveland Travel.
Application of these terms and conditions
These terms and conditions, together with any further terms and conditions notified to you by us prior to your entering into a contract with us (without limitation including any in our brochure or on our website which are relevant to your booking)('Our Terms') and any other terms which we both otherwise agree will be binding on us both once a contract is made between us. A contract will exist between us once you have made your booking with us, paid your deposit (or such other fee as may be appropriate for example where you are making a 'late booking') and we have issued you with our booking confirmation. Our contact with you is also subject to any air carriers' terms and conditions of carriage.
You should read these terms and conditions carefully.
Any dispute arising over our contract will be dealt with under English Law. Our Terms do not affect your statutory rights.
We observe the requirements of the Data Protection Act 1998 ('the Act') in respect of all personal data held by us at any time.
We will not use any personal data relating to you, which we hold at any time for any purpose other than in connection with your booking. We will not pass on such data to third parties save where this is necessary in connection with the performance by us of our contract with you or as otherwise authorised by you. We may use such data to notify you of our services, offers and promotions from time to time. If you do not wish us to so notify you please tick the appropriate box on our booking form.
Brochure and website content
We make every effort to ensure the accuracy of the information contained in our brochures and on our website. However, content is subject to change from time to time, often due to the actions of our suppliers (eg. airlines, hotels, tour companies, car hire companies). We will endeavour to notify you of any change known to us affecting your holiday prior to issuing you with our booking confirmation.
We do not generally use linking or framing. We are not responsible for the content, policies and services of any sites linked to or accessible via our website.
Links to third-party sites
Hyperlinks to third party Web sites are provided for your reference only. We do not control these Web sites and are not responsible for their content. Inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
Modification of these Terms & Conditions
We reserve the right to change the terms, conditions and notices under which this Web site is offered without prior notice.
All reservations are made with Cleveland Travel Limited trading as Africa Travel, a company registered in England under company number 2797491. In the following conditions the term company means Cleveland Travel Limited trading as Africa Travel, and the term customer means the person signing the booking form and all other persons on whose behalf he or she signs it.
All holidays and flights in this brochure are ATOL protected, since we hold an Air Travel Organisers Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL3384. For further information visit the ATOL website www.caa.co.uk/atol.
- Booking your holiday
To make a holiday booking the customer should complete, sign and send in a booking form with a deposit of 20% of the holiday cost requested or the full amount if the booking is made within ten weeks of departure. The booking is accepted and the contract made when the company issues a confirmation invoice, which is usually within twenty-four hours of receiving the booking form.
Payment of all confirmation invoices must reach the company not later than 10 weeks prior to departure.
- Amendments and cancellation
The company will make every effort to assist you if you wish to alter your arrangements. Requests for an amendment must be in writing, signed by the signatory of the booking form. If the Company is successful in making your requested amendment then you must pay an amendment charge of £50.00 per booking. If the Company is not successful then there will be no charge.
All cancellations must be advised in writing, signed by the signatory of the booking form. Cancellations are effective on the day that they are received by the company. Recorded delivery is strongly recommended. The following cancellation charges (together with holiday insurance premium if applicable) will be payable, depending on the number of days prior to departure the company receives your notice of cancellation.
Days Prior To Departure Date When Written Advice of Cancellation Received Percentage of Total Holiday Cost More than 90 days Loss of Deposit 89 to 42 days 50% of total holiday cost 41 to 0 days 100% of total holiday cost
Amendments by the company
After the confirmation invoice has been issued, the company makes every effort to operate all holidays as confirmed. In very rare circumstances, the company may have to modify your holiday before you depart. If the modification is significant the company will notify you as soon as practically possible and you will be entitled to one of the following as chosen by the Company: (a) take a substitute package of equivalent quality at no extra cost to you; or (b) take a substitute package of lower quality and recover from the company the difference in value between the original arrangements and the new ones; or (c) have repaid to you as soon as possible all monies paid by you under the contract, where upon your holiday arrangements will be cancelled.
In addition, if the Company has to modify your holiday it will pay you compensation for non-performance of the contract (see table below for levels of compensation), if this is for any reason other than 'force majeure'.
Days Prior to Departure Date When Notification of Change is Sent Minimum Compenstaion Per Person More than 42 days £10.00 29 to 42 days prior £20.00 15 to 20 days prior £25.00 0 to 14 days prior £30.00
'Force majeure' means unusual and unforeseeable circumstances beyond the company's control, the consequence of which neither the company nor its suppliers could avoid even if all due care had been exercised. This may include, but is not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers. If the company becomes unable to provide a significant proportion of your holiday after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and given a pro rata refund for ground arrangements not received. You may also in such circumstances be entitled to compensation by the company in accordance with the table above.
- Cancellation by the company
If you fail to pay the balance of the holiday price at least eight weeks (fifty six days) before departure, the company will treat your booking as cancelled and levy the cancellation charge as set out in paragraph 3(ii) above. If the company is obliged to cancel your holiday in any other circumstances before departure, the company will use its best endeavours to offer alternative arrangements at no extra cost to you, or offer a substitute package of lower quality and you may recover from the company the difference in cost, or have repaid to you as soon as possible all monies paid by you. In addition, unless the cancellation has been caused by force majeure the company will pay you compensation as set out in paragraph 3(iii).
- The company liability
- We accept responsibility for ensuring that your travel arrangements, which you booked with us are supplied as described in our printed material and the services offered reach a reasonable standard. If any part is not provided as promised, we will pay you the appropriate compensation if this has affected the enjoyment of your travel arrangements.
- We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees, agents and suppliers, whilst acting within the scope of/or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English law.
- In respect of the services provided by air or sea carriers, our liability in all cases shall be limited in the manner provided by international conventions and conditions of carriage of our suppliers. Copies of these conventions and, conditions of carriage are available on request. Operational decisions may be taken by air or sea carriers and, airports and ferry terminals resulting in delays, diversions or re-scheduling, over which our company has no control. When such changes are made, our company will endeavour to minimise any inconvenience.
- If you have a problem
If you have a problem during your holiday, please inform the relevant supplier (e.g., hotel) and our local representative immediately, who will endeavour to put things right. Not only may prompt action enable you to enjoy your holiday, but it is also a legal requirement, the omission of which can substantially affect your rights against our company. If it is not possible to make the complaint to the appropriate organisation at the time, you should make contact with our company, so that our company can endeavour to resolve it. However, should a problem remain unresolved, a complaint should be made in writing to our company office manager within thirty days of your return. Please note, we do not use an approved provider to resolve disputes.
- Our company price policy
Our suggested itineraries are prepared many months before the start of your holiday and the prices quoted in them are for your guidance only. If at the time of booking the price has changed from that shown in our suggested itineraries, you will be told of the revised price applicable to the travel arrangements before you commit yourself.