Travel terms and conditions
Elena Travel Services & Car Hire CC

1. Contract:

This contract is between the client and the company Elena Travel Services & Car Hire CC. Decide on the tour, excursion or safari of your choice and then e-mail: info@namibweb.com
for the cost of your trip. Once you have received the price, and you are satisfied, please send a completed booking form via fax or e-mail to: info@namibweb.com
 The contract will come into effect once a booking has been confirmed in writing by the company to the client.
By booking a tour, you bind yourself to enter into a  Travel Agreement/Contract with us. The Agreement will take effect upon our acceptance. You will receive from us a written
confirmation of booking, thereby rendering it binding. By virtue of your booking, you expressly accept as binding the Travel Conditions imposed by Elena Travel Services & Car Hire CC.
2. Definitions:

Booking: A reservation which is done by the client, or by the client's representative (travel agency). All reservations must be done in writing only: by fax or via e-mail.

Accommodation: A hotel/lodge/B&B or any other accommodation/camping establishment reserved.

Basis: Meals and/or activities included on the quoted rate:

1) No meals/accommodation only/self-catering: No meals are included, establishment may/may not have self-catering facilities.

2) B&B: Bed and breakfast: only breakfast is included.

3) DB&B: Dinner, bed and breakfast: dinner and breakfast are included.

4) Full board: Dinner, breakfast and lunch are included.

5) Fully inclusive: Dinner, breakfast, lunch and activities are included. Activities differ between establishments, client must confirm before final reservation is made what activities must be/are included in reservation.

Client:

(A) The person who places or accepts the booking, on behalf of himself / herself, and persons under his authority if such a booking is not done through another agency, which means that all are bound by the booking conditions as if they had individually made the applications themselves;

(B) The travel agency who places or accepts a booking for any person or group of persons or company with Elena Travel Services & Car Hire CC.
3. Payment & bank charges:

A non-refundable deposit of 25% of the total tour price is due once the booking has been confirmed in writing. The balance has to be paid six weeks prior to  departure. Bookings made within six weeks of departure have to be paid in full upon receipt of confirmation. Documents will be released only upon receipt of  the full payment. Elena Travel Services & Car Hire CC reserves the right to cancel without notice any reservation in respect of which the required 25% deposit has not been received. Reservation can not be confirmed without confirmation of payment by fax or via e-mail (only a copy of bank deposit slip is accepted). All charges are on a depositor's/sender's account including any bank charges, inter bank charges, possible difference in exchange rates, etc. The amount due should reach Elena Travel Services & Car Hire CC free of any charges no matter by which institution it has been levied.

Credit card details will not be accepted over the phone but in writing only: by fax or via e-mail. E-mail: only scanned signed forms will be accepted.

4. Cancellations:

All cancellations must be done in writing.
The below cancellation policy is applicable to all establishments/services/tours booked through Elena Travel Services & Car Hire CC.

Cancellation fees:

0 - 30 days prior to arrival: 100% of the total cost of services/establishments reserved
31 - 44 days prior to arrival: 75% of the total cost of services/establishments reserved
45 - 60 days prior to arrival: 50% of the total cost of services/establishments reserved
61 days prior to arrival and earlier: 25% deposit is forfeited. This deposit is non-refundable.

Please note that some establishments have different cancellation policy on which you will be informed in our quotation or on the web page/web site of a relevant establishment (if differs).

All refunds (if granted) will incur a N$ 165 handling charge if cancelled for ANY reason whatsoever.
Bank fees for credit card payments/bank transfers are strictly non-refundable.
5. Tour prices:
Any current tour prices that are listed in the Elena Travel Services & Car Hire CC advertisement segment/site (s)/brochures, etc. are subject to alteration without prior notice.

6. Services rendered & quotations:

The scope and nature of the contractual services offered will be limited to the Description of Services submitted with the relevant quotation, as well as to the details contained in the Tour Operator's brochures/website www.namibweb.com and the tour confirmation. Quotations are subject to availability and not a confirmations of reservation.

7. Delays and changes by:

Elena Travel Services & Car Hire CC

 Elena Travel Services & Car Hire CC shall reserve the right to change the published lodges, hotels, camps, dates and itinerary subject to prevailing conditions and due to any unforeseen circumstances. (e.g. political instability, public and religious holidays, road & weather conditions, airlines not running on schedule, force major or any reason beyond the control of Elena Travel Services & Car Hire CC. The Elena Travel Services & Car Hire CC will endeavour to provide an adequate alternative, but will accept no liability whatsoever. Any resultant expenses will be borne by the client and any saving will be refunded to the client.

Client

In case the client changes his / her itinerary at their own request, the company shall try to accommodate him / her, but may charge up to the abovementioned cancellation fees. This is subject to a new quotation, which will be given by the company to the client in writing via e-mail or fax. If client requests a service to be added to the program or a program to be amended/deviated he/she does it on own risk and at extra costs.

Changes in itineraries/programs/dates if not under cancellation policy: 99 N$ fee from 2nd change per change.
Reinstatement of expired reservations: 99 N$ per reservation.

8. Authority on tour:

At all times, the decision of the safari guide will be final on all matters likely to endanger the safety and well being of the group. The client must at all times strictly comply with the laws, foreign exchange regulations and customs of the country visited. Should the client be detected in any contravention of the law, foreign exchange regulations or customs, or should the client be a nuisance to the group, the guide may order the client to leave the safari without the right to refund. The client shall be obliged to make his / her own way home at his / her expense and responsibility. Elena Travel Services & Car Hire CC cannot be held responsible whatsoever.
9. Waiver and indemnity:

While every precaution is taken to ensure the safety of all persons participating in the tour, the client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which the they  may have against Elena Travel Services & Car Hire CC for any form of compensation for damages which they may suffer due to injury and / or loss of any nature whatsoever, which includes accidents caused by the client's own actions, injuries or death while on the safari, in transportation vehicles or at any place during the safari, or sickness or the death at any time after the safari.

Under no circumstances will Elena Travel Services & Car Hire CC accept responsibility for any injury, death or loss of any nature whatsoever which might occur to such persons sustained from any cause, including, without limiting the generality of the foregoing, consequential loss, arising for any reason whatever, directly or indirectly out of any aspect of any tour, excursion or safari including, without limiting the generality of the foregoing, any form of transport or air travel used for the purpose of the safari.
 Elena Travel Services & Car Hire CC acts solely in the capacity of Agents for the passengers in all matters, and as such hold themselves free of responsibility for any delays, loss or damages from any cause whatsoever including losses/delays/damages/unsatisfaction caused by hotel services, car rental companies' services, transportation services, transfer services, airlines, taxi services, train services, agent services, tour guides’ services, adventures activities, tours and safaris. All tours are arranged subject to the conditions imposed by the airline, hotel, restaurant and other companies, firms, other agents. Elena Travel Services & Car Hire CC shall not be responsible for and shall be exempt from all liability in respect of any claim whatsoever.
 Elena Travel Services & Car Hire CC shall not be liable for any accidents which may occur either in air-traffic or when making use of usual local transport of any kind whether on land or on water and/or by means of our own safari vehicles. The same applies to any other kind of hiking or other sporting activities and/or assaults or attacks by persons or animals; nor do we accept liability for any damages suffered as a result of defects to our own vehicles, entailing possible re-routing and itinerary changes, nor for any arbitrary measures taken by local authorities, nor for any other circumstances or Acts of God which lie without the realm of our responsibilities. Should any service interruptions occur in connection with outside services for which we merely act as agents and which have been thus referred to in our travel documents, Elena Travel Services & Car Hire CC cannot be held liable thereof.
We do not assume liability either for any damage or loss incurred to any personal belongings, whether through theft or extreme environmental conditions, such as sand, dust, humidity, lengthy distances covered on difficult roads and tough tracks, and the like.
 Elena Travel Services & Car Hire CC shall not be liable for any reservations made by client directly with any establishment/operator/service/transportation and/or its proper/timeous execution.

10. Health:

It is the sole responsibility of the client to ensure that his / her inoculations are in order prior to departure.
It is the client's obligation to ensure that he / she is medically fit and able to embark upon the safari. Elena Travel Services & Car Hire CC's opinion on health issues is not final and must be reconfirmed and verified by/with a medical practitioner authorised to advise on health issues/questions. Elena Travel Services & Car Hire CC cannot be held liable if client (s) follow unprofessional advises on any health issues/questions.

11. Passport and visas:

It is the sole responsibility of the client to ensure that his/her travel documents, passports and visas are valid and are in order prior to departure. Elena Travel Services & Car Hire CC cannot be held liable for any visa or documentation not held by the client, nor will they be held liable should a passenger be refused entry into any country for any reason.
The official opinion/advise/requirement (s) of High Commission and/or Embassy of the country in question is final. Elena Travel Services & Car Hire CC's
 advise and/or opinion on a visa/passport issues must be verified by contacting High Commission and/or Embassy of the country in question for latest updated information on visa/passport requirements of the country in question.

12. Baggage:

All baggage and personal effects are at all times at the at the client's risk and Elena Travel Services & Car Hire CC cannot accept any liability for any loss or damage of baggage or any personal effects.
13. Insurance:

A comprehensive travel cancellation, curtailment and medical insurance is compulsory on all tours organized by Elena Travel Services & Car Hire CC and must be arranged by client prior to commencement of the tour/service/rental, etc.

14. Guides:

If one of our guides is unable to take a safari due to illness etc. we reserve the right to substitute him/her with another guide. While all precautions have been taken when selecting the guide Elena Travel Services & Car Hire CC will accept no responsibility for guide’s actions or failure to act which lead to accident/damage/loss, etc.

15. Dietary requirements:

Guests with special dietary problems must warn/inform us in advance of any special dietary requirements.

16. Reconfirmations of the flights:

It is not the responsibility of Elena Travel Services or the airline to reconfirm scheduled flights. The passenger must do this timeously. Elena Travel Service may provide this service subject to availability and at a fee.

17.Consent:

The payment of the deposit or any other partial payment for a reservation on a safari constitutes consent by all guests covered by that payment to all provisions of the conditions and general information contained in this brochure. The terms, under which they agree to take these safaris, can not be changed or amended except in writing signed by an authorized director of Elena Travel Services.

18. Wild animals:

Please be aware that safaris may take guests into close contact with wild animals. Attacks by wild animals are rare, but no safari into the African wilderness can guarantee that this will not occur. Neither Elena Travel Services, nor their employees, nor agents can be held responsible for any injury or incident on the safari. Please note that some camps/lodges/other accommodation establishments on safaris are not fenced.

19. Reservations:

All reservations belong to Elena Travel Services until a deposit/payment is received. An unpaid provisional reservation and/or reservation can be cancelled/released at any time without prior notice.

20. Photography, films, images, letters & testimonials:

Elena Travel Services & Car Hire CC reserves the right without giving further notice, to make use of any films or photographs/images/pictures produced by the client or any related person (s) during or after any of their safari for general publicity purpose without permission or a payment. Elena Travel Services & Car Hire CC also reserves the right to use testimonials of the clients on their web site without permission or a payment.
21. Airline clause:

The airlines or other carriers involved are cannot be held responsible for any accident, event or omission during the period that the passengers are not on board their aircraft or conveyance. The passengers ticket in use by the airlines concerned or by any other carriers concerned when issued shall constitute the sole contract between the airlines and / or carriers and the purchaser of these tours and / or passengers.
22. Driving licenses:

It is responsibility of the client, who undertakes a self-drive tour, to obtain a valid International driver's license before the departure date. Elena Travel Services & Car Hire CC can not be held responsible for delays in travelling by Namibian or any other police force if client possesses no valid International driver's license.
23. Airport tax:

For technical reasons it is not possible to include airport taxes in the prices of the safaris. The client will be informed about the amount and should ensure that he/she has the money available in foreign currency at the time of departure from the country where airport tax is applicable.

24. Commission & booking fee (s):

Elena Travel Services & Car Hire CC reserves the right to add a booking fee (as a fee or as a percentage) to any service (s)/accommodation establishment (s)/tour reserved without prior notice. The amount/percentage is determined solely by Elena Travel Services & Car Hire CC. Elena Travel Services & Car Hire CC & www.namibweb.com do not prevent/intend to prevent a potential service (s) seeker (s) from searching Internet/printed media, etc. for another/optional/alternative service and/or obtaining an optional/alternative quotation/service (s).
Camping/other services/entrance/accommodation/tours: due to costs of making reservation/hosting fees/bank fees/VAT Elena Travel Services & Car Hire CC reserves the right to add a commission (as a fee or as a percentage) corresponding/related/equal/exceeding to costs of camping/services. Moreover reservations outside Namibia are affected by difference in taxation rates, impossibility of transfer of suppliers' foreign VAT, absence of tax invoices from suppliers. All rates of all establishments quoted consist of commission, 15% VAT, costs of making reservation, bank fees, unexpected rates increases, communication costs, web design costs and hosting costs.

25. Availability confirmation:

Availability of any establishment/service/tour can only be confirmed in writing: via e-mail or by fax.

25. Confirmation:

Any reservation (s) can only be confirmed on receipt of the deposit/full payment. All confirmations are to be in writing only.

26. Response/response time:

While all efforts are made to provide all with a speedy reply a considerable response time may be needed. Elena Travel Services & Car Hire CC reserves the right to reply to all responders at its discretion.

27. Services/accommodation/tours reserved/third party services:

Elena Travel Services & Car Hire CC undertakes to inform a client on the name (s) of establishments/services reserved and/or provide a description of services/accommodation included/reserved but can not be held responsible for the exact contents/quality/quantity of the services/establishments reserved. Should information about specific accommodation establishment be published on www.namibweb.com or any other web site (s)/brochure (s) a client has been informed of it is responsibility of the client to acquaint him/herself with a content/location/size/facilities/services offered by a specific establishment. Rental agreements/visitors registers/books, etc. signed by client constitute an agreement between client and service provider in question and Elena Travel Services & Car Hire CC acts as an agent/facilitator only. All disputes arising from an agreement or a breach thereof are to be settled between client and a service provider as per conditions of a contract agreed upon by the parties to a contract. Right of vehicle/s substitution is reserved.

27. Non-compulsory service:

The services provided by www.namibweb.com and Elena Travel Services & Car Hire CC are non-compulsory: client (s) is/are free to seek an alternative service.

29. Price increase:

Elena Travel Services & Car Hire CC can not be held responsible for any price increase by establishments/services/tours/safaris reserved by Elena Travel Services & Car Hire CC if it has been done by establishment in question. It also applies to confirmed and paid for reservations.

30. Copyright:

Contents of www.namibweb.com are copyrighted and will be only distributed by copyright holder at own discretion. Unauthorised usage is prohibited.

31. Complains/complains' timing

Complains must be submitted to Elena Travel Services & Car Hire CC’s  management at the time of occurrence of inconvenience/problem, etc. and not after end of a tour/rental/service rendered, etc.

32. Vehicle rentals

All vehicle/equipment rentals where a vehicle/equipment is rented from Elena Travel Services & Car Hire CC are subject to this Terms & Conditions as well as a rental agreement of Elena Travel Services & Car Hire CC. All vehicle/equipment rentals where a vehicle/equipment is rented from another operator/rental company/service provider are subject to this Terms & Conditions as well as rental agreement/conditions of the operator/rental company/service provider in question.

33. Interest charged

Unpaid/underpaid reservations/services/damages to vehicles/lost equipment, etc. are charged interest as per prevailing market rates plus penalty.

34. Variation

Elena Travel Services & Car Hire CC may, in its sole discretion, change this terms and conditions or any part thereof at any time without notice.

35. General:

This document and all relative documented information as per e-mail quoted prices and all advertised material were deemed to be correct at the time of  transmission via the Internet or as viewed on the latest update to our URL on the Web. The printed copy is correct at the time of signing.
While every effort has been made to ensure the integrity of the selected host server and of all documentation loaded for the various safari and tour options, Elena Travel Services & Car Hire CC cannot be held responsible for any changes or inaccuracies as a result of any virus or interference of any nature which may occur after uploading by the host onto the World Wide Web Network. In the event of any arbitration, this contract is governed by the laws of the Republic of Namibia.

35. Tour Operator and Agent jurisdiction:
Elena Travel Services & Car Hire CC
P.O. Box 3127 Windhoek, Namibia
Fax: 061   244558
Fax to e-mail: 0865 459 316
 www.namibweb.com
 info@namibweb.com

Effective as from 01/04/1996, subject to amendments.

I have read, understood and agreed to the above Terms & Conditions which contains 34 clauses on 5 pages including this one.

 

Date: …………………………………………………………………..

 

Signature: ……………………………………………………………..

 

Name in full: …………………………………………………………..

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