The Map’s Edge Limited

(Valid 5^th Feb 2021 and applicable on all safaris from that date onwards until they are superseded by an updated document)

 

TERMS AND CONDITIONS

Definitions:

Throughout this document, ‘MEL’ and ‘the Company’ refers to The Map’s Edge Ltd, Box 381, Usa River, Arusha, Tanzania.

 

Agent refers to Travel Agent or Tour Operator contracted by the client to book a safari with The Map’s Edge Ltd. If no agent is involved in the process, and if it is not specified in the text, then agent also refers to the clients who book the services direct with The Map’s Edge Ltd.

 

‘The Client/s’ refers to the Person or Persons booking the safari itinerary and in direct contact with The Map’s Edge Ltd as well as all members of the group travelling with this person on the itinerary. If the person booking the safari itinerary is not traveling with the group, then ‘the Client/s’ refers to every person traveling in the group on the itinerary during the period of safari.

 

‘You’ ‘your’ ‘ they’ their’ refers to the Client/s booking the safari direct with The Map’s Edge Ltd and the agent if the agent is the primary contact for the safari.

 

 

Acknowledgement of Terms and Conditions

 

By paying a deposit for a safari and proceeding with the booking, you are automatically acknowledging and accepting the Terms and Conditions as laid out in this document either on behalf of your clients, if you are an agent or Tour Operator or as the client himself or herself or as the person paying and organizing the safari on behalf of others travelling.

 

The travelling clients will also be required to sign individual Terms and Conditions and Indemnity provided by each accommodation and activity provider that will be in addition to the Terms and Conditions described here.

 

On behalf of your client, if you are a Tour Operator or Travel agent, or as the persons travelling on the safari, you agree to indemnify, hold harmless and free, and release against any and all claims, actions, lawsuits, damages and judgements, including legal fees, that may arise or relate to your participation in these services or the part of those indemnified or anyone of them. This Indemnity shall be binding upon your Clients, if you are a Tour Operator or agent, or upon yourself as the person or persons travelling on safari organized by The Map’s Edge Ltd as well as their/your heirs, next of kin, administrators, personal representatives, executors, successors or family members

 

1. Payment & Deposit Terms.

 

All safari reservations must be made and confirmed in writing by email.

 

You will receive a quote (costed itinerary) for a tailor-made safari. On acceptance of this quote, by you The Map’s Edge Limited will require a 25% non-refundable deposit to confirm the safari and full payment 61 days prior to the start of the safari. By sending the deposit, you are agreeing to the Terms and Conditions stated in this document.

 

Should full and final payment not be received by 61 days prior to the safari, we reserve the right to release the booking.

 

We also reserve the right to increase the deposit payable for confirmation, should any third-party supplier require a deposit in excess of 25% or should Tanzania Legal Requirements dictate a change in policy.

Gorilla, Chimpanzee and Golden Monkey permits, have to be paid in full at time of confirmation of a trip and are non-refundable. They are not included in this 25% deposit and have to be paid on top of the deposit total. They are also in addition to any cancellation charges that may be applies, should the safari cancel after payment of deposit and permits.

 

All Bank charges are your responsibility. All amounts due to MEL must be settled nett of Bank Charges or any other taxes and levies applicable to such transactions.

 

Please note that we can only hold unconfirmed reservations for a strictly limited amount of time. This will be clearly indicated in the correspondence as each camp/lodge has differing parameters. Wherever possible, MEL will send a reminder for provisional bookings that are due to expire. However, MEL will not be responsible for lost bookings where no reminder has been sent. Many suppliers have an automatic release policy on rooms held and do not advise us when this is about to happen.

 

2. Pricing

 

Once you have made your booking, we guarantee to honour the prices given by MEL for each individual item shown in the quotation, with the following exceptions

 

• Estimated price rises. Where we are making a booking for a period of time that we do not yet have confirmed prices from a supplier, we usually include and estimated price rises. If these price estimates are below the actual price charged when the actual rates are published by the supplier, then MEL will revise the quote accordingly. If the estimates are above the actual price, then MEL will also revise the itinerary cost upwards
• Regulatory fees and taxes and unavoidable increase in rates: Although the Company hopes that it will not have to levy surcharges, it reserves the right to do so on the invoiced amount should this become necessary due to increases forced upon us by any of our agents or suppliers, as well as through exchange rate fluctuations, new government levies or taxes, changes in Park, Reserve, Conservation Area or Community fees. The Company will endeavor to notify you or your agent in writing as soon as it is aware of any likely surcharge. This surcharge will apply to all confirmed and invoiced safaris, regardless of whether payment has been received or not by The Map’s Edge Ltd. Provisional costings will be revised to include the additional charges.
• Major errors: In the event of a major error having occurred in our quotation whereby we have significantly undercharged for a trip, we reserve the right to withdraw our offer.

 

3. Cancellations and Refunds

 

Cancellations & postponements of confirmed safaris are only effective on receipt of a written notification, whereupon the cancellation terms apply.

 

In the event of the cancellation or postponement of a confirmed safari, you will immediately become liable for a percentage of the full safari cost, as set out below:

 

• Confirmed safaris cancelled 61+ days prior to arrival – 30% of the total safari cost is forfeited – in addition to the non-refundable Gorilla, Chimpanzee and Golden Monkey permit cost. If any supplier charges higher cancellation costs, we reserve the right to pass these extra charges on.
• Confirmed safaris cancelled 61 days to 46 days prior to arrival – 100% of full safari cost minus park fees, flights and transfers is payable in addition to the non-refundable Gorilla, Chimpanzee and Golden Monkey permit cost. Some suppliers apply 100% cancellation charges at more than 60 days and we reserve the right to apply the difference in cancellation charges to our own cancellation charges where applicable (andBeyond, Singita),and Nyaroswiga One Nature apply 100% cancellation charges 90 days out
• Confirmed safaris cancelled less than 46 days prior to arrival – 100% of full safari cost is payable.
• The Company reserves the right to charge for the VAT paid on any monies received for a safari, in addition to the above, if the amount is not sufficiently covered by the existing cancellation terms. The Company becomes liable for the VAT as soon as monies are received and not the date of the service.

 

For bookings for large groups involving 4 rooms or more in addition to any non-refundable Gorilla, Chimpanzee or Golden Monkey permits:

 

• Safaris cancelled between 120 and 90 days prior to arrival – 30% of full safari cost is payable.
• Safaris cancelled 62 to 89 days prior to arrival – 50% of full safari cost is payable.
• Safaris cancelled less than 61 days prior to arrival – 100% of full safari cost is payable.

 

Should clients fail to join the safari or join it after the departure date, no refund can be made.

If clients leave a safari early, due to illness or cancellation or curtailment, no refund can be made.

 

Cancellations due to the COVID Pandemic. Specific cancellation policies apply to any itinerary that is cancelled as a result of the COVID pandemic and are only applicable if travel warnings are still in place at time of travel AND specific restrictions still apply in the home country such as quarantine. In this case, each itinerary will be assessed individually and the COVID policy for each supplier will be taken into account. Please note that most suppliers will have favourable terms for postponement but more stringent cancellation policies. The cancellation charges increase closer to the date of travel.

 

Postponements : All postponement requests will be treated individually on the merit of the reason requiring a postponement. Individual suppliers may apply postponement charges and The Map’s Edge Ltd will pass on any such charges relating to a particular itinerary. Some suppliers require postponements to be organized 60 plus days prior to the travel date, unless the reason is a medical emergency. Postponement charges may reach 10% of the value of that service. If the postponed travel happens at a time where different high rates apply, then these additional costs will be passed on.

 

The Map’s Edge Limited is a Tanzanian Registered Company and as such, all legal requirements and responsibilities in terms of cancellations and refunds fall under the Tanzanian Legal System. Please note that The Map’s Edge Limited is not part of any national bonding insurance scheme operating in countries outside of Tanzania such as ATOL or ABTA as these schemes are only available for companies registered in those particular countries.

 

Please note that if the reason for cancellation or postponement falls within the terms of any holiday insurance that the clients are holding, then any such charges will normally be refunded to the clients by their insurance company, subject to the terms of their insurance and full cancellation charges from The Map’s Edge Limited will be applied.

 

 

All clients traveling with The Map’s Edge Limited are required to obtain full travel and medical insurance valid from the date of confirmation of the safari, which will cover claims including, but not limited to, cancellation charges, postponements, medical care and lost luggage. If you are climbing Kilimanjaro, the insurance must cover high altitude activities. If you intend to Scuba dive, bungee jump, balloon ride or any other active sports, the insurance must cover these activities. Please check that your insurance will cover the risks associated with COVID 19 and any future outbreak with similar consequences and impacts on travel risks. Absence of Travel Insurance is not a valid reason for requesting waiver of cancellation charges.

 

MEL can only accept changes to a safari itinerary, after the trip has started, if the additional costs are settled during the time of the safari. All such charges must be settled by the client direct to MEL or the relevant supplier at the time of the booking, unless a written agreement is made with The Map’s Edge Ltd on itineraries where an agent is involved, stating that the agent is responsible for payment of all such charges. If payment is being made to MEL, with MEL’s agreement, this must occur before the service is provided and clients leave the country at the end of their safari.

 

Should any luggage unfortunately go astray during any flight or road transfers, then MEL will have to pass on any costs incurred in the retrieving and the sending on, of the luggage.

 

 

 

4. Ground Handling Waiver.

 

In the event of any cancellations, change or delay to client ground handling arrangements by any of our suppliers (including, but not limited to, flights, activities transfers and accommodation bookings), The Map’s Edge Limited will make every effort to assist clients with re-arrangements in the field to minimize disruption to client itineraries. It must, however, be expressly understood that any costs incurred by The Map’s Edge Limited in this regard will be passed directly onto the client. We strongly recommend that clients are insured for such eventualities.

 

The Map’s Edge Ltd will assist clients where possible and will endeavor to inform clients and agents in advance of any such charges but we do not guarantee to do so. In the event that an agent or client was not informed in advance, the client will be responsible for paying the full charges at the time of booking of the alternative arrangement.

 

The Map’s Edge Ltd is not responsible for any travel arrangements made directly by the agent or the client involving any supplier of any services. We reserve the right to pass on all costs incurred, including an administration charge, if we are obliged to make any arrangements whatsoever with respect to these bookings. All such charges must be settled by the client direct to the relevant supplier at the time of the booking, unless a written agreement is made with The Map’s Edge Ltd on itineraries where an agent is involved, stating that the agent is responsible for payment of all such charges. If payment is being made to MEL, by agreement, this must occur before the clients leave the country at the end of their safari.

 

Each safari is a composite of services provided by different companies, each with their own Public Liability insurance that covers their services. The Map’s Edge has no direct day to day control over its suppliers. Accordingly, The Map’s Edge Ltd accepts no responsibility for any injury, damage, loss, accident, delay, irregularity and/or inconvenience which may be occasioned by any defect in any object (including a vehicle) utilized for the supply of any service or by an act of omission or failure in service of any supplier or its servants or agents.

 

All transport (air, sea, road) is provided subject to the relevant carrier’s condition of carriage, some of which may limit or exclude their liability to you or the client, often in accordance with international conventions.

 

 

5. Suitability and behavior

 

We reserve the right, to our absolute discretion, to terminate without notice, the trip arrangements of any client whose behavior is such that it does, or is likely in our reasonable opinion or in the opinion of any operator or any other person in authority, to cause distress, damage, danger or annoyance to any third party or to cause damage to property.

 

Our trips can be physically demanding. It is the agent’s and client’s responsibility to disclose an accurate account of any limitations in the clients’ mobility and all other relevant information relating to the clients’ health and fitness at the time of booking. The agent or client must also advise us of any change to the clients’ level of mobility or health and fitness between booking and starting of the trip. The agent and client are also responsible for providing the same information for every member of the group traveling on the safari. We reserve the right in our absolute discretion to terminate without notice the trip arrangements of any client who is likely in our reasonable opinion or in the opinion of any operator or any other person in authority to be unable to cope adequately with the demands of the trip. There will be no refunds in this case

 

If any client feels that an activity is too demanding for them or they feel uncomfortable joining any activity, then it is the responsibility of the client to let the guide/supplier know so alternative arrangements can be made. There will be no refund of the cost of these missed activities nor will there be any refund or recompense to the client if the activity is undertaken but the client felt, for whatever reason, that they should not have participated in that activity.

 

By paying a deposit, the client and the agent understand that the safari properties included in the itinerary are not fenced and that wild animals can and do enter into the camp area and with this comes an inherent risk of injury and/ or death or damage to personal property. There will be no refunds in this case.

 

Some itinerary activities have a minimum age limit or a general age restriction. These include, but are not limited to, shared game drives, walking safaris, chimpanzee and gorilla treks, fly camping, water sports, ballooning, extreme sports. Some accommodation facilities also apply a minimum age limit or an age restriction. If there are children under the age of 18 years in the safari group, it is the responsibility of the agent and the client to inform MEL at the time of the initial booking request of the exact ages of the children at the time of the safari. MEL reserves the right not to accept to book a safari itinerary on behalf of a client if MEL deems the child too young or if the itinerary is inappropriate for whatever reason. The supervision of children under the age of 18 years during the contracted safari period is the responsibility of the parents. MEL accepts no responsibility for booking and costing children on activities that they are then unable to participate in due to age restrictions if MEL has not been informed of the correct ages of the children at the time of the initial booking request. Please note that child-minding services are often not available in lodges and camps.

If any safari costs increase as a result of the child’s age at the time of the safari not being correctly identified, these extra costs must be covered by the client at the time of the safari direct with the supplier.

If we are informed of a change in the child’s age before the final proforma has been sent, we will adjust the proforma accordingly.

 

In any of these circumstances listed above, all the obligations to the agent, the client and the members of the group travelling under this contract or otherwise shall cease. Full cancellation charges apply and we shall not be liable for any refund, compensation or costs incurred by the client or members of the  group travelling whatsoever.

 

 

 

5. Refunds

Whilst MEL strives to ensure that all anticipated accommodation is available as planned, there can be no claim whatsoever against MEL for a refund, either in part or whole, if any accommodation or excursion is unavailable or the client was unable to use that service.

 

6. Baggage on all flights for clients.

Air Passengers are limited to soft bags and with a maximum total weight of 15kgs. Limitations are strictly adhered to on all flights within Tanzania and Regional flights to other East African countries. This limitation includes hand baggage.  If any luggage in excess of the weight limit or the luggage design is unsuitable and is therefore refused by the pilot at the airstrip, the client will be responsible for any costs incurred in forwarding this luggage to the next available destination.

 

 

7. Risks.

The Map’s Edge Ltd specifically draws your attention to the fact that there are certain inherent risks involved in participating in the type of safaris sold and operated by MEL and that, by making payment for all or part of the safari cost, you and all the clients are thereby accepting that the safari is entirely at your/their own risk. Neither MEL, nor its employees, directors, shareholders, suppliers and agents can be responsible for any accident, injury, illness or death sustained during the course of the safari, whether or not this accident, injury, illness or death is deemed to be caused through negligence on the part of MEL, its employees, suppliers or agents.

 

The client(s) waives, releases, discharges and covenants any claim or claims whatsoever they

may have against the Company and/or any person connected with the Services, any third party

provider arranged by us and any respective officers, directors, owners, employees or agents on

behalf of yourself, including without limitation those claims arising out of the joint or concurrent,

active or passive, negligence, wrongful acts, omissions and/or strict liability on the part of those

hereby indemnified or anyone one of them;

 

The Map’s Edge Ltd does not accept responsibility for any theft or loss of personal belongings that occurs while the clients are on safari. This includes, but is not limited to, any theft that occurs at an accommodation facility, during flights, in transit, transfers or any excursions or activities.

 

All clients are strongly advised to insure themselves and their property fully for the duration of the safari.

 

Emergency Evacuation Cover, purchased through FDS (The Flying Doctors Society of Africa) is mandatory for any safari booked through The Map’s Edge Ltd. If this cover is not purchased through The Map’s Edge Ltd, the originating booking agent or the client is responsible for ensuring the cover is in place and providing The Map’s Edge Ltd will full details of the cover for each client in advance of the safari. The Map’s Edge Ltd does not accept any safari bookings which are not specifically covered by Emergency Medical Evacuation Cover.

 

Failure by agents or clients to provide FDS emergency evacuation cover for all clients and relying on your own medical insurance cover for an emergency evacuation may result in delays on medical evacuation while payment confirmation formalities are processed and this will increase the risk of complications, serious delay and severe consequences. FDS will not evacuate anyone without a guarantee of payment from

the insurance cover or FDS emergency evacuation cover.

 

While The Map’s Edge Ltd will assist in any way possible, we are not a medical facility and we are not responsible for providing any medical diagnosis, advice or treatment for clients.  The Maps’ Edge Ltd is also not responsible for covering any costs incurred for medical treatment or any evacuation for clients while on safari, nor are we responsible for any complications which may result from a delay in arranging the medical evacuation.

 

By paying a deposit, the agent and client understand that any circumstances that occur that might require medical treatment or evacuation may happen at a location where such services are not available nearby.

 

The agent agrees on behalf of the client(s)  to indemnify, hold harmless and free, and release against

any and all claims, actions, lawsuits, damages and judgements, including legal fees, that may

arise out of or relate to your participation in the services on the part of those indemnified or any

one of them;

IN the case of a client booking directly with The Map’s Edge,  the client(s) agree to indemnify, hold harmless and free, and release against any and all claims, actions, lawsuits, damages and judgements, including legal fees, that may arise out of or relate to your participation in the services on the part of those indemnified or any one of them;

 

Any persons under the age of 18 are considered a Minor and in all such cases, there must be a parent or responsible adult in the group who is responsible for this Minor at all times. This parent or responsible adult accepts these Terms and Conditions on behalf of the Minor and is solely responsible for the well-being and safety of the Minor during the safari and assumes responsibility for the risks of the safari on behalf of the Minor.

 

8. Travel Documents and Health.

The onus is on the client to ensure that passports, visas, travel permits, health certificates, inoculations or other documentation required for the trip are obtained in reasonable time and are in order. MEL, their Staff and Agents cannot be held responsible for any failure by the clients to comply with such requirements. Any reconfirmation of flights is the responsibility of the client.

 

It is the responsibility of the clients to take all appropriate medical advice prior to departure as to whether or not the client is fit enough to undertake the trip booked. Cancellation charges will be applied if a confirmed trip, or part of a trip, is cancelled for this reason.

 

If a client or clients contract any illness or disease as a result of their safari booked through The Map’s Edge Ltd, including COVID 19, which could pose a risk to others, The Map’s Edge Ltd reserves the right to ask the client to curtail the safari itinerary immediately. The company will assist, to the best of its ability, with these arrangements but The Company is not responsible for any costs incurred in treatment, evacuation, medical expenses or tests, quarantine or additional travel arrangements. The Map’s Edge Ltd is not responsible for the safety and medical precautions taken by any third – party supplier of services for an itinerary. Clients travel at their own risk.

 

 

9. Force Majeure.
10. a) “Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but without limitation, war or threat of war, terrorism, sabotage, civil disturbance, or requisition, Acts of God, fire, accident, flood or explosion, sickness, epidemics, pandemics, quarantine, Government intervention, weather conditions or other untoward occurrences).
11. b) If the Company is affected by Force Majeure it shall as soon as practicable notify you or the nature and extent thereof.
12. c) The Company shall not be deemed to be in breach of these Terms and Conditions or otherwise be liable to you, by reason of delay in performance , or by non – performance of any of its obligations hereunder to the extent that any such delay or non- performance is due to any Force Majeure.
13. d) If the Company is affected by Force Majeure it shall be entitled to and may in its absolute and sole discretion, cancel or vary any arrangements or itinerary in relation to the safari. Payment of any refund by the Company as a result of the non-performance of any of the Company obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavors to reimburse you where possible. However, the Company shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Company of the Force Majeure.
14. e) Regarding Civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in the Company’s sole and absolute discretion whether to proceed with the safari. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, the Company is of the opinion that the trip may proceed, no refund will be payable to you and the provisions under refunds will apply.

 

10. Photography.

 

The Company reserves the right without further notice to make use of any photography or film or video taken on the safari by our staff for general publicity purposes without payment or permission from the client or tour operator. However, no photographs will be used that allow showing the faces of clients which would assist in the positive identification of individuals by a third unrelated party as per the EUDPR. If MEL wants to use such photographs or film or videos, they will obtain written permission from the people involved.

 

 

11. Airlines, Air charters, Shared Charters, Scheduled flights, Balloon and Microlight flights.

Carriage by the air companies or companies operating the above services, concerned is subject to the terms and conditions of that carrier with whom you are traveling and to international conventions. The Company (MEL) has no control and accepts no liability whatsoever for cancellations or delays which are subject to operational decisions by the carriers. All flights are subcontracted to independent aviation Companies who are entirely responsible, and therefore liable, for all aspects of the flying operation.

 

12. All safari details are correct at the time of going to print. We cannot be held responsible for any changes or inaccuracies which may occur thereafter.

 

13. This agreement is made subject to, and shall be governed and construed according to, the Laws of The United Republic of Tanzania notwithstanding its place or performance or acceptance and all actions shall take place in the Courts of The United Republic of Tanzania.

 

14. Notice of enforceability.

Please note: When you book travel related services with this Company or its agents, you and the members of the group travelling on the safari itinerary are entering into a binding agreement that assumes all Terms and Conditions are fully understood as stated in any Company documents. The client is responsible for ensuring that they are fully aware of the latest Terms and Conditions.

 

15. EU Data Protection Regulations.

In order to comply with legal requirements here in terms of aviation ticketing and accommodation registration, as well as to ensure the smooth running of an itinerary and to make sure the service is as good as possible, we are required to provide third party suppliers with information on clients which covers, but is not limited to, the following: full names, ages, nationalities, passport numbers, dietary and medical history relevant to a safari holiday. We keep this information securely and retain it only for compliance and regulatory reasons. We will not share this information with any persons or companies not directly related to the performance and execution of the safari. We also send the following to all suppliers with each itinerary:

In order to comply with the EU General Data Protection Regulation, please will you ensure that all client details listed below are deleted from your system after the safari is complete and are not used for any other purpose than the safari operation. Please do not share this information with any person not directly involved in the provision of services contained within this itinerary and ensure that they also delete the data after the service has been provided. The Regulation is applicable to all businesses that have dealings with EU citizens around the world. Please make sure you are GDPR compliant. If you are not, please advise us immediately.

 

 

 

This document is the property of The Map’s Edge Ltd and no unauthorized reproduction either in print or digitally, is allowed. Dated 5^th Feb 2021