These Terms and Conditions (“T&Cs”) govern the services provided by Nyumbu Trek Limited (“Nyumbu Trek,” “NT,” “we,” “us”), a company registered under the Companies Act, 2002 of Tanzania, to you, our client (“client,” “traveller,” “you,” including the lead booker and booking party). They also apply to the use of our website (www.nyumbutrek.com), social media pages, mobile app (“Africa Safari App”), and online portals. These T&Cs supersede any conflicting terms of external entities.
1. Privacy and Data Protection
We are committed to protecting your privacy and handling personal data in accordance with our Privacy Policy. By using our website, app, or contact channels, you consent to the collection, use, and disclosure of your personal information as outlined in the Privacy Policy. Nyumbu Trek is not liable for losses due to technical failures of our digital platforms, provided reasonable security measures are implemented.
2. Modification of Terms and Conditions
We reserve the right to update these T&Cs at any time. Changes are effective immediately upon posting on our website. Clients with existing bookings will be notified via email and may object in writing within 14 days. Absent objection, the revised T&Cs apply automatically. Continued use of our services after changes constitutes acceptance.
3. Intellectual Property
All content, logos, trademarks, and intellectual property on our website, app, and marketing materials are owned by or licensed to Nyumbu Trek and protected by applicable laws. You may not use, reproduce, modify, distribute, or display our intellectual property without prior written consent.
4. Prices
4.1 Website Pricing
Prices on www.nyumbutrek.com are per person (unless stated otherwise), quoted in US Dollars (USD) or Euros (EUR), and subject to exchange rate fluctuations. Prices exclude passports, visas, border taxes, tips, insurance, additional excursions, or personal expenses. Discounts (e.g., for children) or peak-season rates are not included. Website prices are guidelines only; actual costs are provided in quotation proposals, valid for 21 days. Nyumbu Trek is not responsible for pricing errors but will notify you of corrections before booking confirmation.
4.2 Surcharges
Nyumbu Trek may levy surcharges for increased costs (e.g., fuel, airfares, park fees, taxes, exchange rates) up to 20 days before departure. Surcharges will be notified via email within 48 hours of identification. If the surcharge exceeds 10% of the itinerary cost, you may cancel within 7 days for a full refund, per the Fair Competition Act, 2003 of Tanzania. We reserve the right to correct advertised price errors before booking confirmation.
4.3 Multi-Country Operations
For tours outside Tanzania, prices may be quoted in local currencies (e.g., Kenyan Shilling, South African Rand) to reflect regional markets. Exchange rate adjustments will be confirmed at booking.
5. Booking, Payments, and Cancellations
5.1 Booking Confirmation
After requesting a quote, you will receive a detailed itinerary via email, outlining destinations, activities, and accommodations. You must confirm acceptance or request modifications within 7 days. Agreed services will be provided unless prevented by unforeseen circumstances (e.g., road closures, weather, security issues), as outlined in Sections 5.3.2 and 6.2.
5.2 Payment
Payments are accepted via bank transfer, debit/credit card, or mobile payment platforms. After accepting a proposal, you will receive an invoice. Payment terms:
- Standard Bookings: 50% deposit within 10 days of invoice receipt; full payment 61 days before departure.
- Last-Minute Bookings (within 61 days): Full payment within 2 days of invoice receipt.
Failure to pay on time may result in booking cancellation and applicable charges (Section 5.3.1). The lead booker is responsible for full payment on behalf of the party and all obligations under this agreement.
5.3 Cancellations and Refunds
5.3.1 Cancellation by Client
Cancellations must be submitted in writing. Charges apply as follows:
- 61+ days before departure: Deposit non-refundable.
- 0–61 days before departure: 100% of itinerary cost.
No charges apply if you cancel due to a substantial itinerary change you do not accept or unavoidable circumstances at the destination (e.g., government travel bans), provided Nyumbu Trek agrees the circumstances are valid.
5.3.2 Cancellation by Nyumbu Trek
We reserve the right to cancel your booking for:
- Non-payment of the travel sum.
- Reasonable belief that payment will not be made.
- Insufficient minimum participants, as specified in the agreement.
Cancellation deadlines:
- Trips >6 days: 20 days before departure.
- Trips 2–6 days: 7 days before departure.
- Trips <2 days: 48 hours before departure.
For last-minute bookings (within 61 days), non-payment within 2 days may result in immediate cancellation. We may also cancel during the trip if you violate local laws, tour regulations, or behave in a way that endangers others, without refund or liability. In force majeure cases (Section 15.1), no refunds are provided unless recovered from suppliers, in which case we will pursue refunds within 60 days and notify you via email.
6. Modifications
6.1 By Client
After booking confirmation, modifications are subject to availability and the following conditions:
- Within 10 Days of Confirmation: Errors (e.g., misspelled names) can be corrected free of charge if notified promptly.
- 61+ Days Before Departure:
- Itinerary Changes: Modifications to routes, activities, or accommodations incur a $150 administrative fee per request to cover rebooking costs. The original booking is cancelled (per Section 5.3.1), and you must pay for the new service.
- Arrival Date: You may postpone the arrival date once within 12 months, subject to a $200 administrative fee. If services are unavailable on the new date, you must pay for substitutes. Some suppliers treat date changes as cancellations, and their charges apply.
- Up to 7 Days Before Departure: Replacing a traveller incurs a $250 administrative fee per person, plus any cost increases (e.g., adult replacing a child). Requests must be emailed, and the new traveller must confirm compliance with all conditions.
No modifications are allowed within 61 days of departure; such requests are treated as cancellations (Section 5.3.1).
6.2 By Nyumbu Trek
We reserve the right to make minor changes to your itinerary, notifying you in writing as soon as possible. For major changes (e.g., significant alterations to all accommodations or activities, excluding force majeure or airline changes), we will:
- Ensure comparable quality.
- Offer you 7 days to accept, choose another holiday, claim a price reduction, or cancel with a full refund.
No compensation is provided for minor changes or cancellations due to force majeure, client non-compliance, or supplier failures beyond our control.
7. Insurance
You must obtain comprehensive travel and medical insurance for yourself and all party members, covering:
- Medical expenses (minimum USD 100,000).
- Emergency evacuation (minimum USD 50,000).
- Cancellation/curtailment, baggage loss, and high-risk activities (e.g., trekking, safaris).
Proof of insurance may be requested before departure. Nyumbu Trek is not liable for losses due to inadequate coverage.
8. Medical Conditions and Disabilities
If you or any party member have a medical condition or disability that may affect the trip, notify us in writing at booking. We will assess feasibility with suppliers within 7 days to ensure safety and logistical compatibility. If we cannot reasonably accommodate your needs, we may decline the booking or cancel if details are not provided upfront. Decisions are based on safety and feasibility, not discriminatory grounds.
9. Travel Documents
9.1 Passports, Visas, Vaccinations
You are responsible for ensuring valid passports, visas, and vaccination documents (e.g., yellow fever) for all destinations. Verify requirements with immigration authorities or embassies. Nyumbu Trek is not liable for costs or impediments due to non-compliance.
9.2 Other Documents
Vouchers and domestic e-tickets are sent 14–3 days before departure.
10. Carriers and Suppliers
Carriage by air, sea, or land is subject to the carriers’ terms and international conventions (e.g., Montreal Convention). Nyumbu Trek is not liable for carrier-related issues (e.g., cancellations, delays, lost luggage) or supplier failures (e.g., hotels, guides), even if we arranged bookings. We will assist in securing alternatives or refunds where feasible.
11. Risks
You acknowledge that our tours involve inherent risks, including wildlife encounters, extreme weather, rough terrain, endemic diseases (e.g., malaria), and varying standards of hygiene, accommodation, and transport. Nyumbu Trek provides guidance on safety, health, and local regulations. You agree to follow safety instructions (e.g., using seatbelts, helmets) and are liable for harm resulting from non-compliance.
12. Limitations of Liability
12.1 General
Nyumbu Trek ensures your holiday is executed as described, meeting reasonable local standards. We are not liable for services outside our contract (e.g., additional hotel facilities not arranged by us).
12.2 Third-Party Services
For activities or services not operated by Nyumbu Trek (e.g., external excursions), we act as booking agents only. Your contract is with the supplier, and Nyumbu Trek is not liable for their acts or omissions. Liability as a booking agent is limited to the cost of the activity.
12.3 Liability Cap
Our liability for non-negligent breaches is limited to three times the itinerary cost, except for death or personal injury caused by our negligence, where no limitation applies, per Tanzanian law. We are not liable for:
- Losses due to your actions, unavoidable circumstances, or third parties not engaged by us.
- Business losses or unforeseeable damages.
13. Problems During Your Trip
If issues arise, promptly notify the service provider (e.g., hotel manager) and our Customer Satisfaction Agent (contact details provided at booking). We will assist with medical services, local authorities, or alternative arrangements. Submit written complaints within 28 days of your return to info@nyumbutrek.com. Failure to follow this process may limit our liability, as it prevents timely resolution.
14. Local Laws and Responsible Tourism
You must comply with local laws, tour regulations, and supplier rules (e.g., hotels, carriers). You agree to respect wildlife, cultural sites, and environmental regulations (e.g., park rules, waste disposal). Non-compliance may result in tour termination without refund.
15. Definitions
15.1 Force Majeure
Force majeure includes events beyond our or our suppliers’ control, such as war, terrorism, civil unrest, natural disasters, pandemics, transport failures, or airport/port closures.
15.2 Minor Change
A minor change does not significantly impact your holiday based on booking information (e.g., slight itinerary adjustments).
16. Translation
These T&Cs are in English. Translations may be provided for convenience (e.g., French, Portuguese for African markets). In disputes, the English version prevails unless otherwise agreed. Official translations are available upon request.
17. Contract
Your contract is with Nyumbu Trek Limited. The booking confirmation is proof of the package travel agreement. Minors under 18 require written parental consent, including for high-risk activities. The Traveller Terms, outlining client conduct and safety, are incorporated herein and available at www.nyumbutrek.com/traveller-terms.
18. Dispute Resolution
We aim to resolve disputes amicably. If unresolved within 30 days, you may pursue mediation through the Tanzania Institute of Arbitrators. Tanzanian courts have exclusive jurisdiction unless mandatory international rules apply.
19. Jurisdiction
Tanzanian law governs this agreement unless mandatory rules of another country apply (e.g., for tours outside Tanzania). For multi-country operations, additional terms may apply, as notified at booking, to comply with destination regulations.
20. Agreement
These T&Cs constitute the entire agreement between you and Nyumbu Trek. By booking, you and all party members accept these terms. No person, except a Nyumbu Trek Director, may vary these T&Cs.