Booking Terms & Conditions

These Booking Conditions, together with our Privacy Policy at https://www.imagesofwildlife.co.uk/privacy-cookie-policy/, together with any other written information we brought to your attention before we confirmed your booking and, if relevant, the Acknowledgement of Risk Form, form the basis of your contract with Images of Wildlife Ltd, (company registered number 10566301), trading as Images of Wildlife Photo Tours & Safaris, with registered office 9 Wellingtonias, Warfield Park, Bracknell, Berkshire, England, RG42 3RL  (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

(a) he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

(b) he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

(c) he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

(d) he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

PLEASE NOTE: We act in the following capacities, as a Package Organiser in the sale of a safari/tour Package (please see clause 19 for further details of when this will be the case) and as a Principal in a ‘single service’ booking (i.e. an accommodation or excursion only bookings). Our obligations to you will therefore differ depending upon whether you book a safari/tour Package where we are acting as the Package Organiser (please see clause 19 for further details of where this will be the case) and as a Principal in the sale of a single service booking. Our differing obligations are set out below, in the following separate sections:

(A) Section A contains the conditions that will apply to all bookings you make with us;

(B) Section B contains the conditions that will apply when you make a safari/tour Package booking with us, where we are Package Organiser;

(C) Section C contains the conditions that will apply where you make a single service booking with us, where we are acting as Principal (this section will apply where you have booked accommodation or excursion separately to a safari/tour Package with us).

SECTION A – APPLICABLE TO ALL BOOKINGS

This section applies to all bookings booked with us, including Safari/Tour Packages and single service bookings. Please read this section in conjunction with the additional section applicable to your booking, below.

1. Booking & Paying For Your Arrangements

A booking is made with us when you:

a. complete and sign a booking form;

b. complete an Acknowledgement of Risk Form;

c. pay us a non-refundable deposit (or full payment if you are booking within 90 days of departure); and

d. we issue you with a booking confirmation.

We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you. Upon booking, we may also send you a booking receipt including any outstanding balance and payment due dates; a booking pack; and your itinerary.

If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 90 days prior to scheduled departure (unless otherwise specified on your itinerary). If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit. Payments can be made with a valid Credit Card or Debit Card or online bank transfers. A receipt will be issued for all monies paid.

2. Accuracy

We endeavour to ensure that all the information, photographs, illustrations and prices both on our website and in our advertising and marketing material are accurate, however occasionally changes and errors occur and we reserve the right to correct and amend prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

3. Insurance

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. Your insurance should also cover delays for events involving travel by land sea or air (where relevant) before the start of your arrangements and the type of activities included in your arrangements. We will require details of your insurance policy prior to your departure.

We strongly suggest when travelling with computer or photography equipment that your equipment is adequately insured. Our suppliers and we cannot be held responsible for any loss, damage or theft of any personal items or electronic/camera equipment during any part of your arrangements.

If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

4. Wild Animals

The wild animals (subject to the paragraph below) are the main feature of most of our arrangements. Please be aware that your arrangements may take you to remote areas and may take bring you into close contact with wild animals and other hazards, natural and man-made. It is your responsibility to ensure your own safety and to adhere to local instructions and advice of your guides and hosts relating to activities where wildlife is involved. You must carry and abide by all information we provide you with in relation to your arrangements at all times, as this is crucial for your own safety and security. You will also be required to sign an Acknowledgement of Risk Form (see clause 6) and/or local indemnity that provides your acknowledgement and acceptance of such risks.

Although during your safari/tour every effort will be made by us to  take you to areas where the possibility of sighting, observing and/or photographing any animals, wild animals and/or any other wildlife is increased, we make no guarantee as to the quality or quantity of, or proximity to, any animals, wild animals and/or any other wildlife you may see during your safari/tour. The fact that sightings, observations or photographic opportunities of animals, wild animals and/or any other wildlife are possible during your safari/tour, this is not confirmation that a sighting, observation or photographic opportunity will be made. Failure to sight, observe or photograph any animals, wild animals and/or any other wildlife will not be a breach of contract on our part.  We do not accept any bookings that are conditional upon any sighting, observations or photographic opportunities being met.

5. Adventure Travel

The arrangements may include what we call ‘adventure travel’. This may include travel within destinations where there is a risk that local standards are different to those of the UK (e.g. hygiene, medical, infrastructure and transport). The local suppliers, accommodation providers or safari operators will do the utmost to ensure your safety and well-being whilst you are participating in your chosen arrangements or a safari/tour in accordance with the local standards. You will also be required to sign an Acknowledgement of Risk Form (see clause 6) and/or local indemnity that provides your acknowledgement and acceptance of such risks.

6. Acknowledgement of Risk Form

All our guests will be required to sign an Acknowledgement of Risk Form  in order to make a booking with us.  By signing the Acknowledgement of Risk Form  you are aware of the risks and dangers involved with travelling in these areas  and you fully accept the risks that may be associated with any arrangements.

Accommodation providers and local safari operators on your safari/tour may also request a copy of the signed Acknowledgement of Risk Form at the time of check in or registration.

A booking confirmation and/or participation on the safari/tour may be declined at the discretion of Images of Wildlife, the accommodation providers or local safari operators if a guest has not signed an Acknowledgement of Risk Form.

7. Events Beyond our Control

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond our Control”. For the purposes of these Booking Conditions, Events Beyond our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, 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 to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, global epidemics and pandemics (including but not limited to the ongoing impact of the COVID-19 pandemic), unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our guests as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

8. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.  The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

9. Disabilities and Medical Problems

It is your responsibility to ensure you are fit and able to join and to ensure that in the case of any health or medical conditions have the necessary clearance from a qualified practitioner.

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

If in our opinion or in the opinion of any hotel manager or any other person in authority, believe that your health or level of fitness at any time before or during your arrangements is endangering or appears likely to endanger your health or wellbeing or any other guests or any third party, or, prevents the safe, comfortable or happy progress of the arrangements , you may be excluded from all or part of the arrangements without refund or compensation.

10. Complaints

We make every effort to ensure that your arrangements run smoothly but if you do have a problem during your arrangements, please inform the relevant supplier (e.g. your hotelier, guide or restaurant manager) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us at email: info@imagesofwildife.co.uk or telephone: +44 7795 803689.

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. We will acknowledge any correspondence within 14 days and endeavour to deal with the complaint as quickly as possible. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved. Please Note: the ODR platform is unlikely to be available for use by UK consumers at such a point that the UK’s transition period, as part of its withdrawal as a member of the European Union, comes to an end.

11. Your Behaviour

All our guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. All guests shall also at all times behave in a safe, responsible and courteous manner; comply with all instructions; regulations and codes of practice issued by us or our suppliers; ensure that you comply with all age restrictions imposed by our suppliers; ensure that you comply with all arrival times, and dress appropriately for the safari/tour destination.

If in our opinion or in the opinion of any hotel manager, local safari operators or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other guests or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your safari/tour, accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost safari/tour, accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred 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 or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager, local safari operators or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

12. Passport, Visa and Immigration Requirements & Health Formalities

It is your responsibility to check and fulfill 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.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,

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.

13. Conditions of Suppliers

Many of the services which make up your arrangements 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, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

14. Excursions, Travel, Transport and Other Tours

During the safari/tour or single service booking: excursions, travel, transport or other tours that you may choose to book or pay for whilst you are on safari/tour or single service booking are not part of your contracted arrangements with us. For any excursion, travel, transport or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

Prior to the start of / after the safari/tour or single service booking: excursions, travel, transport or other tours that you may choose to book or pay for prior to the start of / after the safari/tour or single service booking are not part of your contracted arrangements with us. If you are participating in a safari/tour or single service booking with Images of Wildlife whereby you have arranged your own travel, transport or other tour to/from the safari/tour destination, any travel, transport or other tour arrangements prior to the start of / after the completion of the safari/tour or single service booking are not part of your contracted arrangements with Images of Wildlife. For any transport or other tour that you book, your contract will be with the operator of the travel, transport or other tour/excursion and not with us. We are not responsible for the provision of the excursion or tour, additional expenses incurred or for anything that happens during the course of its provision by the operator.

15. Jurisdiction and Applicable Law

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

16. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make  your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond our Control (see clause 7).

17. Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your safari/tour price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation  to 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 cannot accept liability for any delay which is due to any of the reasons set out in clause 7 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown in your booking pack, our advertising material, on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.

These Booking Conditions are our responsibility, as your tour operator. They are not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

18. Advance Passenger Information

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

SECTION B: SAFARI/TOUR PACKAGE BOOKINGS

This section only applies to safari/tour Packages booked with us, where we are acting as the Package Organiser (please see clause 19 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

19. Definition of a Package

Where your booking is for a safari/tour Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of our Booking Terms and Conditions.

A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:

(a) transport; or

(b) accommodation; or

(c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and

(d) any other tourist service not intrinsically part of one of the above travel services,

provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

IMPORTANT NOTE: where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:

• do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
• are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as “single service” bookings and will not be afforded the benefit of the rights under the PTRs. Please see Section C of these Booking Terms and Conditions for the terms applicable to such arrangements.

20. Safari/Tour Pricing

The price of the safari/tour includes all services specified in your booked itinerary. Unless specified, the price does not include international flights, visa and passport charges, airport taxes, personal expenses, travel insurance or emergency costs.

We reserve the right to amend the price of unsold safaris/tours at any time and correct errors in the prices of confirmed safaris/tours. We also reserve the right to increase the price of confirmed safaris/tours solely to allow for increases which are a direct consequence of changes in:

(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;

(ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

(iii) the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed safari/tour (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another safari/tour if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

Should the price of your safari/tour go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £20. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed safari/tour within 20 days of your departure nor will refunds be paid during this period.

21. Cutting your Safari/Tour Short

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your safari/ tour and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your safari/tour not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

22. If You Change Your Safari/Tour Booking & Transfers of Safari/Tour Bookings

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £75 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 23.

Transfer of Safari/Tour Booking:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a. that person is introduced by you and satisfies all the conditions applicable to the safari/tour;

b. we are notified not less than 7 days before departure;

c. you pay any outstanding balance payment, an amendment fee of £75 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

d. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 23 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements (including internal / domestic flights) may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

India safari/tours: safari permits in India may not be amended or transferred less than four months prior to the safari/tour start date or after they have been confirmed, due to local authority/park conditions and/or requirements. Where such amendment or transfer is made by a guest for an India safari/tour under these booking conditions less than four months prior to the safari/tour start date or after they have been confirmed, any alteration could incur a cancellation charge of up to 100% of that part of the arrangements and that part of the safari/tour arrangements (particularly, the jeep safari) may not be available for the transferee after this date. 

23. If You Cancel Your Safari/Tour Booking Before Departure

If you or any other member of your party decides to cancel your confirmed booking the first named person  must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.

Should one or more member of a party cancel, it may increase the per person safari/tour price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges depending on your tour destination, as follows:

a. For safaris/tours to Africa (Tanzania/Kenya/Botswana) or Africa (Uganda)

b. For safaris/tours to South America

c. For safaris/tours to India (where the safari/tour includes Bandhavgarh National Park)

d. For safaris/tours to India (where the safari/tour does not include Bandhavgarh National Park)

e. For safaris/tours to North America (including Canada)

Please note that insurance premiums and amendments charges are not refundable in any circumstances.

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

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

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to cancel your confirmed safari/tour before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your safari/tour destination or its immediate vicinity and significantly affecting the performance of the safari/tour or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.  Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means 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 to the travel destination.

This clause 23 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

24. If We Change or Cancel Your Safari/Tour

As we plan your safari/tour arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: If we make a minor change to your safari/tour, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include (but are not limited to) alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers, changes to group sizes by an increase or decrease of up to 50%, changes to the named host(s), reduction of named host(s) from two to one, or a reduction of nights in location. Where there is a reduction of nights, the change will be in your best interests to ensure the impact of Events Beyond our Control (see clause 7) to your safari/tour is limited or, to increase the possibility of wildlife sightings (see clause 4). Please note that carriers such as airlines used in the advertising material may be subject to change.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

(a) A change of accommodation area for the whole or a significant part of your time away.

(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

(c) A change of outward departure time or overall length of your arrangements by more than 12 hours.

(d) A change of UK departure airport except between:

i. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend

ii. The South Coast airports: Southampton, Bournemouth and Exeter

iii. The South Western airports: Cardiff and Bristol

iv. The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield

v. The Northern airports: Liverpool, Manchester and Leeds Bradford

vi The North Eastern airports: Newcastle and Teesside

vii. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen

(e) A significant change to your itinerary, missing out one or more destination entirely.

Cancellation: We will not cancel your travel arrangements less than 90 days before your departure date, except for reasons of Events Beyond our Control or failure by you to pay the final balance. We may cancel your safari/tour before this date if, e.g., the minimum number of guests required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i. (for significant changes) accepting the changed arrangements; or

ii. offer a Refund Credit Note in the total sum of all monies already paid to us, by you; or

iii. having a refund of all monies paid; or

iv. if available and where we offer one, accepting an offer of an alternative safari/tour (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Insurance If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

a. For safaris/tours to Africa (Tanzania/Kenya/Botswana) or Africa (Uganda)

b. For safaris/tours South America

c. For safaris/tours to India (where the safari/tour includes Bandhavgarh National Park)

d. For safaris/tours to India (where the safari/tour does not include Bandhavgarh National Park)

e. For safaris/tours to North America (Including Canada)

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances

a) where we make a minor change;

(b) where we make a significant change or cancel your arrangements more than 90 days before departure;

(c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

(d) where we have to cancel your arrangements as a result of your failure to make full payment on time;

(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

(f) where we are forced to cancel or change your arrangements due to Events Beyond our Control (see clause 7).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, 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.

25. Our Responsibilities

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday 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 this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your safari/tour. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the acts and/or omissions of the person affected; or

(b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

(c) Events Beyond our Control (as defined in clause 7).

(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) 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.

(b) 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.

(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.

ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

iii) 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.

(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

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

(b) relate to any business;

(c) indirect or consequential loss of any kind.

(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our advertising material. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

(8) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall 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 safari/tour. 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.

26. Insolvency Protection

We provide financial security for flight-inclusive packages by way of  our Air Travel Organiser’s Licence number 11862, 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 product 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.  For further information, visit the ATOL website at www.atol.org.uk.  The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to guests who book and pay in the United Kingdom and European Economic Area (EEA).

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 (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.

We provide full financial protection for our package holidays which don’t include flights, by way of a trust account with Protected Trust Services (Membership Number: 5221) 307-315 Holdenhurst Road Bournemouth Dorset BH8 8BX, telephone 0207 190 9988, website: www.protectedtrustservices.com.

If you book arrangements other than package holiday from us we provide full financial protection by way of a trust account with Protected Trust Services (Membership Number: 5221) 307-315 Holdenhurst Road Bournemouth Dorset BH8 8BX, telephone 0207 190 9988, website: www.protectedtrustservices.com.

27. Prompt Assistance for Safari/Tour Packages

If, whilst you are on your safari/tour, 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. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

SECTION C: SINGLE SERVICE BOOKINGS

This section applies to all Single Service bookings that you make with us (e.g. an accommodation or excursion  only booking) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.

28. If You Change or Cancel your Single Service Booking

Changes:

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you.

Note: Certain single service arrangements may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.

Cancellations:

If you, or any member of your party, decides to cancel your single service booking after it has been confirmed, the first named person on the booking must email us at info@imagesofwildlife.co.uk. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

Please note that insurance premiums and amendments charges are not refundable in any circumstances.

Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% for that part of the arrangements in addition to the charges above.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us. 

29. If We Change or Cancel Your Single Service Booking

 We may in certain circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. Very rarely, we may be forced by Events Beyond Our Control (see clause 7) to change or cancel your travel service(s) after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

30. Single Service Booking Complaints

 Please refer to clause 10 for details of the procedure to follow, in the event that you have any problems during the performance of your single service booking.

31. Our Responsibilities for Your Single Service Booking

(1) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a) the act(s) and/or omission(s) of the person(s) affected; or

(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) 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.

(b) 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 twice the price paid by you in total. This maximum will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(5) Where any payment is made, the person(s) availability (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

(6) Please note, we cannot accept any liability for any damage, loss of expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you: or (b) relate to any business.

(7) We will not accept responsibility for services or facilities which do not for part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

32. Financial Protection

Images of Wildlife Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations” all passengers booking with Images of Wildlife Ltd are fully protected for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. Your money is fully protected and paid into an independent Trust Account, managed by Protected Trust Services Ltd of 307-315 Holdenhurst Rd, Boscombe, Bournemouth BH8 8BX and its Trustees, chartered accountants – Elman Wall Ltd of 8th Floor, Becket House, 36 Old Jewry, London EC2R 8DD.

If you make a single service booking with us that is not a flight, we provide full financial protection by way of a trust account with Protected Trust Services (Membership Number: 5221) 307-315 Holdenhurst Road Bournemouth Dorset BH8 8BX, telephone 0207 190 9988, website: www.protectedtrustservices.com.

If you make a single service booking with us that includes a flight, we provide full financial protection by way of our ATOL. Please refer to clause 26 for details of our ATOL.

Standard Information Form on Traveller’s Rights when booking a Package Holiday

(Online Sales)

Part 1: General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We, We, Images of Wildlife Ltd, (company registered number 10566301), trading as Images of Wildlife Photo Tours & Safaris, with registered office 9 Wellingtonias, Warfield Park, Bracknell, Berkshire, England, RG42 3RL, will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.

Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
• The organiser has to provide assistance if the traveller is in difficulty.
• If the organiser becomes insolvent, payments will be refunded. If the organiser becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Images of Wildlife Ltd has taken out insolvency protection for flight-inclusive packages by way of our Air Travel Organiser’s Licence number 11862 and for non-flight inclusive packages, by way of a trust account with Protected Trust Services (Membership Number: 5221). Travellers may contact Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk (for flight inclusive packages) or Protected Trust Services, 307-315 Holdenhurst Road Bournemouth Dorset BH8 8BX, telephone 0207 190 9988, website: protectedtrustservices.com(for non-flight inclusive packages) if services are denied because of Images of Wildlife Ltd’s insolvency.

Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made