Between the Guest and Ensembles Explores Adventures Ltd. Registration No 140129321
The placement of any booking/s, whether by means of electronic mail or otherwise, shall be deemed to be confirmation that the Terms have been read and the Guest agrees to be bound by the terms.
Unless otherwise notified by ENSEMBLES EXPLORES ADVENTURES, the Trading Terms apply for the period covered by this Agreement in relation to all operational divisions of ENSEMBLES EXPLORES ADVENTURES unless otherwise indicated.
CONDITIONS: ENSEMBLES EXPLORES ADVENTURES TOURING SERVICES
(Note: Whilst ENSEMBLES EXPLORES ADVENTURES has used its best endeavours to standardise these Trading Terms, there may be instances where, with specific reference to third party supplier Bookings, it may be necessary from time to time to vary the payment and/ or other terms, in which event the Guest will be notified at the time the Booking is made).
Final itineraries will reflect the following:
ENSEMBLES EXPLORES ADVENTURES reserves the right to make alterations to and/ or withdraw a Tour / Tour Series or any part of it as is deemed necessary, and to pass on to the Guest any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, ENSEMBLES EXPLORES ADVENTURES reserves the right to adjust the itinerary of the Tour costs as necessary.
Provision for the handling of baggage by ENSEMBLES EXPLORES ADVENTURES will be as per the quotation. Weight restrictions for baggage on some routes on internal/domestic flights may apply, details of which will be provided with documentation.
Safekeeping of baggage and personal effects shall at all times remain at the Guest’s risk. ENSEMBLES EXPLORES ADVENTURES will assume no liability for lost or damaged baggage.
It will be the Guest’s responsibility to verify with the relevant international carrier the extent of baggage restrictions which may apply.
Guests shall be obligated, prior to travel, to procure travel insurance sufficient to meet all medical expenses and related costs that may be incurred should a Guest require medical assistance whilst travelling with ENSEMBLES EXPLORES ADVENTURES. Whilst serious incidents are rare, emergencies can be expensive and good medical insurance cover is mandatory. ENSEMBLES EXPLORES ADVENTURES has procured medical evacuation cover and independent medical support that will remotely access Guest incidents and, if deemed critical, will:
(i) Arrange for 3rd party service providers to attend to or evacuate the Guest to the nearest Appropriate medical facility,
(ii) Procure access to such medical facility and
(iii) Make the necessary financial arrangements to secure medical attention for the ill/injured Guest without delay. Where medical emergencies warrant medical care, including the evacuation of a Guest to a medical facility, ENSEMBLES EXPLORES ADVENTURES’s insurance provider will recover such costs from Guest’s travel insurance provider and, as a last resort, from the Guest should the Guest’s travel insurance provider fail to reimburse ENSEMBLES EXPLORES ADVENTURES’s insurance providers as requested.
By virtue of the fact that ENSEMBLES EXPLORES ADVENTURES sub contracts all air travel services to independent airline carriers and / or air service operators, ENSEMBLES EXPLORES ADVENTURES cannot accept any responsibility in respect of any delay or cancellation of any flight and / or any inaccuracies of flight schedules which may occur. All flights, where required, would need to be paid in full and shall be subject to such cancellation and refund terms as may be determined from time to time by the relevant airline carrier and / or air service operator.
ENSEMBLES EXPLORES ADVENTURES reserves the right to take photographs during the operation of any tour and use them for promotional purposes. By Booking a Tour with ENSEMBLES EXPLORES ADVENTURES it will be deemed that Guests have consented to the use by ENSEMBLES EXPLORES ADVENTURES of any photographic image taken of them whilst on tour. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.
Price of the Tour / Tour Series shall include ENSEMBLES EXPLORES ADVENTURES’s fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchange and tariffs and VAT at the relevant rate where applicable.
Scheduled activities will include entrance fees where stipulated. The price will be subject to revision in event of significant changes in foreign currency, tariff rates, taxes etc.
Unless expressly included, all and any cost (without limitation) of obtaining passports, visas, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the tour pricing.
The Guest is responsible for informing ENSEMBLES EXPLORES ADVENTURES of any booking, confirmations, booking amendments, reductions or cancellations of rooms or services in writing by e-mail to enable ENSEMBLES EXPLORES ADVENTURES to make the required itinerary arrangements. The onus of proof of delivery will rest on the Guest.
Provisional Booking periods are determined by Third Party Suppliers. ENSEMBLES EXPLORES ADVENTURES reserves the right to release reservations.
ENSEMBLES EXPLORES ADVENTURES will, at the request of the Guest in writing, attempt to extend provisional Bookings. Any extension of any provisional period will, however, at all times remain the sole and unfettered discretion of third-party suppliers.
It is recommended that the Guest be in possession of the required deposit payment before confirming any reservation with ENSEMBLES EXPLORES ADVENTURES;
Upon confirmation the Guest’s nationality as per the passport on which the Guests will travel will be required, which information will be used solely for market data purposes.
Confirmed reservations are invoiced with payment required as per the provisions of clause 3.2 for Independent Travellers and clause 3.3 for Groups. Where Touring Services have been booked the final invoiced amount will be inclusive of an itinerary planning and arranging fee, handling and operational fee and VAT where applicable but exclusive of the cost of obtaining passports, visas, excess luggage and items of a personal nature unless expressly included;
Confirmed accommodation will be subject to the appropriate payment and cancellation policy as set out in clauses 188.8.131.52 and 3.2 for Independent Traveller reservations or clauses and 3.3 for Group Reservations;
Amendment, Reduction, Refund and Cancellation Policy:
An amendment will refer to a change in travel/arrival date and/or an increase or reduction in number of rooms or services required, after confirmation;
All amendments made will be subject to the cancellation policy;
Reservations held by ENSEMBLES EXPLORES ADVENTURES where no deposit has
been paid or where no guarantee has been given will be cancelled by ENSEMBLES EXPLORES ADVENTURES on notice to the Guest;
All amendments, reductions, refunds and cancellation for Independent Travellers will be determined in the sole and unfettered discretions of the suppliers utilized in any itinerary;
Refunds will not be made for any missed services in respect of the Tour / Tour Series;
In the event of cancellation of a booking, ENSEMBLES EXPLORES ADVENTURES shall be entitled to retain such portion of the Booking as may be prescribed by relevant consumer protection legislation (if applicable) in operation in the country of jurisdiction where the Booking is made or confirmed by ENSEMBLES EXPLORES ADVENTURES;
On cancellation of a confirmed Independent Traveller/s reservation ENSEMBLES EXPLORES ADVENTURES will, subject to relevant consumer protection legislation which may apply in the Applicable Jurisdiction of the ENSEMBLES EXPLORES ADVENTURES office where the Booking is made, be entitled to:
Between confirmation and 60 days prior to arrival – 30% of Total Booking Value (i.e. Deposit)
Between 45 days and arrival – 100% of Total Booking Value
Cancellation during travel or stay – 100% of Total Booking Value
On cancellation of a confirmed group reservation ENSEMBLES EXPLORES ADVENTURES will, subject to relevant provisions of consumer protection legislation which may apply in the jurisdiction of the ENSEMBLES EXPLORES ADVENTURES office where the Booking is made, be entitled to:
Greater than 151 days prior to arrival – 30% of Total Booking Value
Between 150 and 91 days prior to arrival – 60% of Total Booking Value
Less than 90 days prior to arrival – 100% of Total Booking Value
Cancellation during travel or stay – 100% of Total Booking Value
All amendments, reductions, refunds and cancellation policies for Groups will be determined at the sole and unfettered discretions of the suppliers utilized in any itinerary.
Please refer to the payment policy relating to Independent Travellers (refer to clause 3.2) and Groups (refer to clause 3.3).
Unless prior arrangements have been made with ENSEMBLES EXPLORES ADVENTURES the Guest shall at all-times remain solely liable and responsible for the payment of all invoices issued by ENSEMBLES EXPLORES ADVENTURES in respect confirmed reservations, as well as the payment of any cancellation fees due.
Payment shall be effected by electronic fund transfer into accounts as provided at time of confirmation.
It is acknowledged by the Guest that, with specific reference to Touring Services which are arranged by ENSEMBLES EXPLORES ADVENTURES pursuant to this Agreement, certain portions of said Touring Services may be exempt from VAT, whilst other portions may be subject to VAT at the standard or zero rate. To this end the Guest agrees that prices and /or the fees charged by ENSEMBLES EXPLORES ADVENTURES in respect of Touring Services are inclusive of VAT at the relevant rate, if applicable, but exclusive of any other taxes.
ENSEMBLES EXPLORES ADVENTURES reserves the right to request payment by credit card or PayPal to secure all short lead time Bookings which have been confirmed within 7 (seven) days of travel.
Should the Guest fail to effect any payment on due date or breach any of the other Trading Terms, ENSEMBLES EXPLORES ADVENTURES shall, be entitled to:
Cancel the Trading Terms and take such action as may be deemed necessary to recover the full amount owing to ENSEMBLES EXPLORES ADVENTURES, and/or;
Cancel any future Bookings made by the Guest, and/ or;
Recover from the Guest any costs incurred due to late cancellation, and/or;
Refuse to accept any further Bookings from the Guest, and/ or;
Request payment from Guests on arrival prior to the rendering of any Touring Services, and/ or;
Levy a charge on all overdue account balances at a rate that is equal to the quoted prime lending rate of the country or countries where the Touring services will be conducted as published from time to time by ENSEMBLES EXPLORES ADVENTURES’s bank and/ or;
Apportion credits due to the Guest and apply to any amounts which may be due to ENSEMBLES EXPLORES ADVENTURES in terms of these Trading Terms.
Errors and Omissions Excepted: ENSEMBLES EXPLORES ADVENTURES shall not be
liable for any inadvertent delay in the issuing of an invoice or any supporting document (i.e. any related proposal(s) and / or quotation(s)) related thereto, or any omission or error contained in such invoice or supporting document provided that such delays, errors or omissions be rectified by ENSEMBLES EXPLORES ADVENTURES as soon as reasonably possible after the discovery of the same.
Currency Movements: In an effort to simplify the Booking process for Guests and Clients. We will translate the local currency charges into a single currency namely United States Dollars. Whilst this is done to be of assistance the actual liability for the amounts remains in the source currency. In the event of any change to the current, or large changes to the exchange rate, the Booking will be recalculated using the relevant exchange rate of the day as reflected on Oanda.com which may attract extra charges as a result. Where a refund is due that refund will be calculated in the source currency and be paid in that source currency. Where requested to refunds in United States Dollars ENSEMBLES EXPLORES ADVENTURES will do so at the current rate of exchange which may be different to the original rate of exchange when the Booking was first made.
The following specific payment policy applies:
On confirmation within 7 days – 30% of Total Booking Value
Reflecting in the account at 60 days before arrival – Remaining 70% of Total Booking Value
In addition to the deposit payment all flights, where required would need to be paid in full.
The following Group payment terms apply and exclude any other payment conditions agreed for Independent Travellers. Deviations to this payment condition are agreed by exception:
In addition to the deposit payment all flights, where required would need to be paid in full.
Electronic transfers or bank drafts drawn must be in favour of the ENSEMBLES
EXPLORES ADVENTURES entity as listed on the relevant invoice provided by ENSEMBLES
EXPLORES ADVENTURES as these will vary per ENSEMBLES EXPLORES ADVENTURES entity transacted with.
copy of the MT103 deposit slip or bank draft, together with the appropriate Guest / Group details, Reservation number and invoice number must be faxed or emailed to the ENSEMBLES EXPLORES ADVENTURES reservations consultant being dealt with.
THE GUEST SHALL:
Provide at time of confirmation their nationality as per the passport on which travel will occur, which information is to be used for market data purposes only;
Adhere strictly to the provisions of the Trading Terms;
Not knowingly engage in any distribution or trade practice or advertising method which will be harmful to ENSEMBLES EXPLORES ADVENTURES;
Without delay, communicate all Bookings and/or cancellations to ENSEMBLES EXPLORES ADVENTURES in writing by e-mail;
Promptly comply with any reasonable instruction given by ENSEMBLES EXPLORES ADVENTURES
Ensure comprehensive travel insurance is in place which covers them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment;
Ensure the necessary and correct passport, visa and vaccination requirements are in place to cover all the countries into which travel is planned;
Seek medical advice regarding prophylaxis and vaccination requirements for countries and regions into which travel is planned;
Understand that in some cases travel may take Guests into isolated regions and in close proximity with wildlife. Guests will be required to sign a conditions and waiver form at the time of the safari;
At time of Booking provide all special requests or preferences;
The Guest shall always be solely responsible for ensuring all payments due to
ENSEMBLES EXPLORES ADVENTURES are received timeously by ENSEMBLES EXPLORES ADVENTURES in accordance with the provisions of the Trading Terms;
5.1.12. In the event of any credit card payment dispute the Guest shall refrain from filing any unfounded or unlawful payment dispute (“chargeback”) with the Guest’s issuing bank without first attempting in good faith to resolve the dispute with ENSEMBLES EXPLORES ADVENTURES. The Guest acknowledges that any unlawful or unfounded chargeback will result in ENSEMBLES EXPLORES ADVENTURES sustaining financial loss which will entitle ENSEMBLES EXPLORES ADVENTURES to institute appropriate remedial action to mitigate against such loss which action may include, without limitation, challenging the grounds with the Guest’s issuing bank the grounds on which the chargeback was requested by the Guest or instituting legal action as may be deemed appropriate to enforce the rights of ENSEMBLES EXPLORES ADVENTURES.
ENSEMBLES EXPLORES ADVENTURES SHALL:
Have the responsibility of planning and arranging itineraries, provide quotations, make Reservations, Confirmations, invoicing and credit control relating to the Tour and / or Tour Series;
Stipulate all Accommodation, room types, specifications, transfers provided on arrival and departure from airport to hotel and return when specified in the itinerary;
Be entitled to change Travel arrangements (e.g. flights), Accommodation and arranged Activities due to unforeseen circumstances after the itinerary has been issued. Should this occur ENSEMBLES EXPLORES ADVENTURES will inform the Guest. Every effort will be made to operate the tour as planned;
Make every effort to secure special requests, however these cannot be guaranteed;
Promptly supply the Guest with brochures, information and marketing collateral the Guest may require;
On request, provide to the Guest proof of any insurance policies taken out in ENSEMBLES EXPLORES ADVENTURES’s name; and
Ensure that all brochures, advertising material and other documents of whatever nature supplied to the Guest are accurate and fully comply with all Applicable Laws, regulations, rules and codes of practice.
For purposes of this clause 7:
the term “Guest” shall include the Guest, its beneficiaries, estate, directors, partners, members, employees, agents, servants, assignees, and/or successors in title;
the term “Claims” shall include all and any Claims, payments, demands, actions, causes of action, losses and expenses, including all and any future and unascertained damages;
The term “Third Party” shall include any party who does not have a direct connection with this agreement but might be affected by it, and includes Third Party Service Providers;
the term “Third Party Service Provider” shall include any party who does not have a direct connection with this agreement who has been engaged to carry out and operate part of the Tour; and
the term “Third Party Claim/s” shall include all and any Claims, payments, demands, actions, causes of action, losses and expenses, including all and any future and unascertained damages that any party who does not have a direct connection with this agreement but might be affected by it may have.
The Guest acknowledges that:
the Tour / Tour Series or part thereof may be inherently dangerous, including but not limited to visiting isolated regions, being in close proximity to wildlife, chartered Travel and participating in Activities related to the conservation of game;
Parts of the Tour / Tour Series may be carried out and operated by Third Party Service Providers and that ENSEMBLES EXPLORES ADVENTURES does not accept any responsibility for the performance of these parts of the Tour / Tour Series;
He / she may be required to accept additional terms and conditions, which may include exclusions or limitations of liability before commencing certain Activities or embarking on certain Travel;
Safekeeping of baggage and personal effects shall always remain at the Guest’s risk and that ENSEMBLES EXPLORES ADVENTURES assumes no liability for lost or damaged baggage.
The Guest hereby agrees to hold harmless ENSEMBLES EXPLORES ADVENTURES from for and against all Claims, arising from or following or in any way connected to the following:
The Tour / Tour Series or any part thereof;
All and any statutory or strict liability;
All and any negligent acts (excluding gross negligence) or omissions of ENSEMBLES EXPLORES ADVENTURES;
All and any acts or omissions of any other party, including but not limited to Third Party Service Providers (not limited to negligent acts); or
All and any extraneous events including but not limited to rain, storm water, hail, Lightening, fire, riots and strikes.
(Note: The effect of this clause is that the Guest abandons any Claims that it may have against the ENSEMBLES EXPLORES ADVENTURES arising from, following or in any way connected to the items listed at clauses 7.3.1 to 7.3.7 (above).
The Guest hereby agrees to indemnify ENSEMBLES EXPLORES ADVENTURES from, for and against all Claims, which may be taken or made by a Third Party, arising from or following or in any way connected to the following:
The Tour / Tour Series or any part thereof; or
The conduct of the Guest.
(Note: The effect of this clause is that if any Third Party makes or brings a Third Party Claim against ENSEMBLES EXPLORES ADVENTURES connected to this Agreement, the Tour or any part thereof or the conduct of the Guest, the Guest will be responsible to pay to ENSEMBLES EXPLORES ADVENTURES the value of the Third Party Claim).
The Guest hereby agrees to indemnify ENSEMBLES EXPLORES ADVENTURES from, for and against any legal or other expenses which may be incurred as a result of and/or in consequence of any Third Party Claim arising from or following or in any way connected to this Agreement, the Tour or any part thereof or the conduct of the Guest.
(Note: the effect of this clause is that if any Third Party makes or brings a Third Party Claim against ENSEMBLES EXPLORES ADVENTURES arising from or following or in any way connected to this agreement, the Tour or any part thereof or the conduct of the Guest, in addition to being responsible to pay the value of the Third Party Claim, the Guest will be responsible to pay to ENSEMBLES EXPLORES ADVENTURES the cost of any legal or other expenses that may be incurred as a result of the Third Party Claim).
. By entering into this agreement the Guest agrees that he/she is personally responsible for his / her own health and health safety when utilising any Accommodation or partaking in any Activities or Travel whilst on Tour.
The Guest agrees to at all times strictly comply with all health safety policies, rules, processes, procedures and guidelines (“Health Safety Protocols”) which may be applicable at ENSEMBLES EXPLORES ADVENTURES Lodges and Camps and / or any third party properties from time to time.
The Guest acknowledges that, whilst ENSEMBLES EXPLORES ADVENTURES may request third party service providers providing Accommodation, Activities and / or Travel on Tour to implement health safety standards similar to ENSEMBLES EXPLORES ADVENTURES’s Health Safety Protocols, ENSEMBLES EXPLORES ADVENTURES is not in a position to enforce health safety processes and procedures to be followed by third party service providers, nor is it in position to verify the standard at which same may be implemented by third party service providers. Consequently ENSEMBLES EXPLORES ADVENTURES cannot accept any form of liability (in the broadest terms) should the Guest or any member of the Guest contract an infectious disease (including the Covid-19 virus) when using accommodation or partaking in any Activities or Travel offered by third party service providers.
The Guest further acknowledges that:
Certain premises at ENSEMBLES EXPLORES ADVENTURES Lodges and Camps (Including third party properties) may be open to members of the public and as such may be frequented by other members of the public;
The Guest may visit public places during a Tour. By coming into contact with other members of the public or visiting public venues the Guest recognises that he / she may be at a higher risk of contracting an infectious disease. The Guest acknowledges and agrees that as
(i) ENSEMBLES EXPLORES ADVENTURES has no control in respect of the health safety practices followed by members of the public, and
(ii) ENSEMBLES EXPLORES ADVENTURES has no control in respect of health safety protocols, policies and rules implemented at public venues, ENSEMBLES EXPLORES
ADVENTURES will not be liable (in the broadest terms) should the Guest or any member of the Guest contract an infectious disease by coming in contact with a member of the public that is infected with a contagious disease or when visiting a public venue during whilst on Tour.
. If either Party is prevented, restricted, hindered or delayed, whether directly or indirectly, from carrying out all or any of its obligations under the Trading Terms for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, natural disasters, floods, disease, epidemic, pandemic, quarantines, Acts of State and acts of God), the Party so affected shall be relieved of its obligations hereunder during such period that the force majeure occurrence continues and shall not be liable for any delay or failure in the performance of any of its obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure on the part of the affected Party to perform, provided that written notice of the inability to perform shall be given by the affected Party within 48 (forty eight) hours of the occurrence constituting force majeure.
The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.
In the event of any dispute, controversy or Claim (a “Dispute”) as to the rights and obligations of the Parties or as to any other matter arising from or out of or that in any way is related to the trading terms, including any question as to its existence, validity or termination, the Parties shall attempt in good faith to resolve the Dispute between themselves.
If the Parties are unable to resolve a dispute by mutual agreement within 14 (fourteen) days after the dispute is first communicated in writing by any Party to the others, then the Dispute shall be submitted to and decided by arbitration in accordance with the Applicable Laws governing arbitration proceedings within the Applicable Jurisdiction.
The provisions of this clause 10 shall not preclude any Party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process.
The Parties shall be entitled, without prejudice and in addition to any rights which they may have in terms of this agreement or in law applicable within the Applicable Jurisdiction, to (i) forthwith cancel this agreement or (ii) to uphold this agreement and in either event Claim such damages as it may have suffered in the event that the other Party:
Commits a breach of any of the terms of the Trading Terms, and fails to remedy such breach within a period of 7 (seven) days after receipt by it of written notice from the other Party calling for such breach to be remedied; or
takes steps to enter into a compromise with any of its creditors or takes steps or has steps taken against it for liquidation, winding up, deregistration, being placed under business rescue or judicial management (or any similar process); or
Prior to or during the currency of these Trading Terms, commits or has committed an act of insolvency or an act which would be an act of insolvency as governed by relevant insolvency laws applicable within the Applicable Jurisdiction and /or, in the case of the Guest, relevant insolvency legislation in the country of domicile (i.e. registration and incorporation) of the Guest;
fails to satisfy any judgment taken against it and of which it is aware and fails, within 10 (ten) calendar days of the date on which the judgment is granted or the date on which it becomes aware of the judgment, whichever is the latter, to take such steps and to continue to take such steps as may be necessary to have the judgment set aside, or, having taken such steps, fails to satisfy the judgment within 10 (ten) calendar days after the date on which it becomes final, or
in the event of the Guest being the breaching party, the Guest fails to timeously pay to ENSEMBLES EXPLORES ADVENTURES any amount due to ENSEMBLES EXPLORES ADVENTURES as set out in the Trading Terms, and fails to remedy such breach within a period of 3 (three) business days after receipt by it of written notice from ENSEMBLES EXPLORES ADVENTURES calling for such breach to be remedied, ENSEMBLES EXPLORES ADVENTURES shall be entitled, without prejudice, to its rights in terms of the trading terms, or in law, to terminate these Trading Terms and Claim such damages as it may have suffered, and to cancel any reservations that may have already been made for the Guest.
Any notice, consent, approval or other communication in connection with this agreement (“Notice”) will be in writing in English.
Each Party chooses the physical address and/or email address corresponding to its name below as the address to which any Notice must be sent.
The cover letter to this agreement, the agreement, as well as any other documentation, guidelines and or other written advices and / or directives issued by ENSEMBLES EXPLORES ADVENTURES to the Guest pursuant to this agreement shall constitute the entire agreement between the Parties.
ENSEMBLES EXPLORES ADVENTURES shall not be bound by any representation, warranties, undertakings, promises or the like (whether or not made by ENSEMBLES EXPLORES ADVENTURES, its companies or servants) which are not recorded therein.
Subject to the provisions of this agreement, no alternation, variation or cancellation by agreement of, amendment or addition to, or deletion from this agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
No failure by a Party to enforce any provision of the Trading Terms shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
Except to the extent of its own gross negligence, recklessness or wilful misconduct, ENSEMBLES EXPLORES ADVENTURES will not be responsible for any damages suffered by the Guest as a result of the transmission of confidential or other information disclosed to ENSEMBLES EXPLORES ADVENTURES through the Internet.
ENSEMBLES EXPLORES ADVENTURES shall be entitled, without the consent of the Guest, to cede, delegate or assign all or any of its rights and/or obligations under this agreement to any affiliate within the ENSEMBLES EXPLORES ADVENTURES (“the Cessionary”), or a nominee elected by ENSEMBLES EXPLORES ADVENTURES.
On any cession, assignment and/or delegation taking place in terms of this clause 13, the Guest shall, if so, required by any Cessionary, make all payments to such Cessionary.
The Guest shall not, without the written consent of ENSEMBLES EXPLORES ADVENTURES, be entitled to cede, assign, delegate or otherwise transfer any of its rights or obligations under this agreement to any third party.
All provisions of this agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
If any provision of the Trading Terms is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The Parties declare that it is their intention that this agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof
Each Party shall cooperate with the other and execute and deliver to the other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purposes.
Governing Law and Jurisdiction:
1 Subject to the provisions of clause 10, the Parties unconditionally consent to the relevant court(s) within the Applicable Jurisdiction having the authority to preside over any matter(s) / dispute(s) arising from this agreement.
The terms and conditions of this agreement shall be governed by and shall be construed in accordance with the Laws of the Applicable Jurisdiction.
All and any costs incurred by either party arising out of or in connection with a breach of any of the provisions of the trading terms by the other party, including but not limited to legal costs on the attorney and own Client scale, shall be borne by the party in breach.
This agreement may be executed in counterparts, each of which will be deemed to be an original of this agreement with the same force and effect. A facsimile or photocopy of a fully executed counterpart of this agreement, or of a set of identical versions separately executed by the Parties, will be valid evidence of the existence and the terms of this agreement.
Definitions for the purposes of this agreement, unless the context requires otherwise shall be as follows: –
“Accommodation” means any accommodation reserved by ENSEMBLES EXPLORES ADVENTURES on behalf of a Guest at any of ENSEMBLES EXPLORES ADVENTURES Lodge and Camps and / or any third party property;
“Activities” means any recreational pursuit reserved by ENSEMBLES EXPLORES ADVENTURES on behalf of a Guest and shall include, without limitation, sight seeing excursions, sporting activities and adventure activities offered by ENSEMBLES EXPLORES ADVENTURES or any independent third party operator;
“ENSEMBLES EXPLORES ADVENTURES Lodges and Camps” means collectively those lodges owned and / or managed and operated by ENSEMBLES EXPLORES ADVENTURES including under canvas and mobile expedition products;
“Applicable Jurisdiction” shall mean the country of domicile in which the relevant ENSEMBLES EXPLORES ADVENTURES entity responsible for the processing and the administration of the Booking is registered and incorporated;
“Applicable Laws” means the Laws of the Applicable Jurisdiction;
“Booking/s” means the initiation, processing, amendment and/or finalisation of any Tour and shall include provisional Bookings;
“Booking Amendments” means any change required by the Guest in the travel and/ or arrival date, any increase or reduction in the number of rooms booked, and/ or any services required after the date of confirmation;
“Business Day” means any day other than a Saturday, Sunday or official public holiday in the Country of incorporation / registration of the relevant ENSEMBLES EXPLORES ADVENTURES legal entity through which the Tour or Tour Series are booked;
“Confirmation” means written confirmation by the Guest confirming that the Reservation will be honoured and guaranteed;
“Group” and “ Group Reservations” shall mean 15 (fifteen) full paying Guests or more per reservation;
“Guest/s” means the end user of services rendered by either ENSEMBLES EXPLORES ADVENTURES or a third party during the Tour and / or Tour Series;
“Independent Travellers” shall mean 14 (fourteen) full paying Guests or less per reservation;
“Laws” means all legislation, statutes, regulations (as amended, replaced or re-enacted from time to time) which may be applicable in the Applicable Jurisdiction;
“Parties” means collectively ENSEMBLES EXPLORES ADVENTURES and the Guest, and “Party” means either of them as the context may require;
“Rates” means the rates for the accommodation as set out by ENSEMBLES EXPLORES ADVENTURES in its then current rate documents, as substituted and sent to the Guest from time to time;
“Reservation” means a reservation made by the Guest on behalf of the Guest and confirmed by ENSEMBLES EXPLORES ADVENTURESin writing;
“Total Booking Value” means the monetary value of a Booking as invoiced by ENSEMBLES EXPLORES ADVENTURES upon confirmation of Booking by the Guest, which monetary value will be adjusted to the extent that the Guest requests further Booking Amendments to the Booking prior to date of travel;
“Tour” means all and any arrangements reserved by ENSEMBLES EXPLORES ADVENTURES for the Guest, including but not limited to Accommodation, meals and beverages, Travel and Activities and “Touring Services” shall have a similar meaning;
“Tour Series” means a pre-arranged Tour being organised, marketed and sold to the Guest prior to commencement which may comprise of a single or multiple dates/ departures;
“the/ these Trading Terms or “the / this agreement” means the trading terms contained in this document as amplified by the provisions of any Annexure attached hereto or document referred therein from time to time;
“Travel” means any transport reserved by ENSEMBLES EXPLORES ADVENTURES on behalf of the Guest and shall include, without limitation, road travel, water travel and air travel; and
“VAT” means Value Added Tax or any similar consumption tax payable in any country
We've booked a safary and a Kilimandscharo treck with Exsembles Explores Adventure. Both trips were unforgetable and intense experiences. The organisation was smooth. We had a pick up from the airport and stayed in the Pili Pili hostel before and after the trip.
Great experience. Good guides and Cook! Guides communicate by radio, when animals are seen somewhere. So there's have a better chance too find them. Like this we have seen the big five and all cats. It was a great trip!
We had a group hiking to the top of Africa via marangu route for 6 days with 2gether 2africa Safaris.
It was a lovely experienced that we experienced in our entire life. I would definetly recommend this tour operators if your on a budget and if you do wanna do a solo or couples, they will treat you well and give you anything ASAP
This is my first review for 2gether2africa. We booked both a safari and Kilimanjaro so I will seperate them out as they were two different experiences.We booked a safari for 4 days and 3 nights which included lodge based stays in the Simba Lodge, Tarangire, Kati Kati Lodge in the Serengeti and finally the Rhino Lodge in the Ngorongo crater. We would of loved more time on safari but this was all we had. Initial communication was good with the company (Mike)
With 2gether 2africa safaris we booked two trips, hiking Mt. Meru (3 days) and safari trip (3 days, Ngorongoro crater and Serengeti). We had two amazing and completely different experiences. Mt. Meru was adventurous and a bit challenging with glorious and rewarding feeling when we reached the summit. Safari was more relaxed and easy going with our eyes all the time wide open to see as much wild animals as possible (and we were lucky with that).
and my friends we did a little hiking to the top of Mount MERU last week with 2gether 2africa Safaris and we had an exceptional experience through the whole hiking trip
We gotta admit it was a little bit challenging with a lot of fun and cool views on the way from the beginning to the end. On the way to the starting point we did pass through the Arusha National park and saw some wild animals like the giraffe, buffaloes, huge elephant that was stuck on the way and had to way for like 20 minutes for it to pass and the wild boar they are in form of pigs, our guide told us are the wild pigs.
We went on a 15 day trip on Serengeti, Manyara, Ngorongoro and Tarangire with 2gether Safaris which was the most beautiful experience we ever heard in our life.We did enjoy everything including the warm welcome from Kilimanjaro airport to the end of the trip. We saw big cats,enjoyed the meal from our great chef, and also from our professional guide, Mike, who had answers to all of our questions from the beginning to the end.
We went with 2gether2africa on a 3 day trip to Sipi Falls in Uganda. We were amazed by the beautiful green nature of the area and how peaceful it is. The guys at 2gether2africa were super accommodating and were there to provide for all of our needs. We were impressed by their wealth of knowledge and their warm hospitality on our trip. They were very professional and had really thought through everything we needed for the trip so it ran very smoothly and was exactly what we wanted in our holiday. We would definitely take a trip with them again. Thanks guys!
We booked safari trip with 2gether 2africa safaris and had amazing experience. We visited Serengeti and Ngorongoro crater and were lucky to see all the animals we were hoping for. Our guide was really helpful, trying all the time that we see as much as possible. He also taught us so much about animals, african culture and swahili language. And chef was also great, preparing for us delicious food and by request vegetarian. Only one problem, it was too much food :).
I went on the africa through eyes tour with Mike, and had a truly extraordinary experience. The accommodations where excellent, starting before the safari itself. Mike organized our hotel and our drive there, helping us navigate every step of the way. The safari itself was awesome, with great guides who knew the answers to all our questions and had great English. The chef who prepared tasty vegetarian food at our request and somehow managed to cook great food in the camping grounds. The staff went above and beyond so that we would get the most of our stay and see all there is to see. Above all was the connection we had with them. It honestly felt like we were all old friends, whether it was joking around in the car or hanging out at the campsite. I would never have imagined that my safari would be such a unique experience. There is honestly not a bad thing for me to say, simply book this tour and let mike blow your mind.
I went on a 4 day safari to Serengeti, Tarangire and Ngorongoro crater with 2gether 2africa. I don’t have one complaint to write about. It was clear that the Godfrey Leonard Richard (Mike) put a lot of time and effort into planning our safari. Our guide, Suliman, was extremely knowledgeable and took time to explain about any animal we saw or asked about. Our chef (we called him the president) energized us and always left us happy with the food. He also had no issue catering vegetarian for me. In the evenings we all hung out and all the staff added greatly to the atmosphere. I quickly learned that being with nice, knowledgeable and friendly makes all the difference for the time between seeing animals. All in all, 2gether 2africa exceeded all of our expectations. Its a perfect choice for both families and backpackers. The thing that stood out the most was the connection we had with the staff, who proved that this was so much more than a business transaction.
Finally we got the adventure we were waiting for our entire life to see Africa Savanna. We had smooth conversation from the beginning with 2gether 2africa Safaris till the end. The campsite and lodges was well planned and organized as we requested.
We booked 7 day tour to Serengeti, Tarangire, Ngorongoro Crater and Walking tour to the Highlands of Ngorongoro. In our first night we stayed at Karatu Simba Lodge which was amazingly to see the sunset, we also stayed to the amazing Serengeti Simba Lodge.
Our Guide Steven was the most part of making things great! He was knowlegable about the Wildlife and he got eyes like Cheetah to spot where the animals are hiding. He knows exactly where to go and to find the animals.
My two friends and I went on a three day trip with Leo. We are all 21 years and, and it fits us perfectly, highly recommended for other backpackers, families and couples.
The two first days we went on safari in Mikumi nationalpark just a few hours outside Dar es Salam. Tanzanian trafic police with their pointy hats and nice uniforms are fast to stop you on their traffic stops each 15 kilometers, but charismatic Leo was very used to this and knew exactly how to handle the situation.
Choose your dates, choose your travel package, and choose your comfort level. We do the rest. Let’s start planning your Tailor-Made journey.