Terms and Conditions – Please Read Carefully
Responsibility
Capture Africa Tours, LLC and it’s and their employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively “Capture Africa Tours, LLC”) does not own or operate any entity which is to or does provide goods or services for your trip including, for example, lodging facilities, airline or other transportation companies, guides, or guide services, local ground or safari operators (whether or not they use Capture Africa Tours, LLC Company name), food service providers, etc… As a result, Capture Africa Tours, LLC is not liable for any negligent or willful act or failure to act of any such person or entity it does not own or control, nor for any act or inaction of any third party not under its control.
Without limitation, Capture Africa Tours, LLC is not liable for any direct, indirect consequential, or incidental damage, injury, death, financial or other loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation, any willful or negligent act, failure to act, breach of contract or violation of local law or regulation of any third party such as an airline, train, hotel, bus, taxi, van or safari vehicle, local ground handler or guide, whether or not it uses the Capture Africa Tours, LLC name, financial default or insolvency of any supplier which is to, or does supply any goods or services for this trip. Similarly, Capture Africa Tours, LLC is not responsible for any loss, injury, death or inconvenience due to delay or changes in schedule, transportation delays or cancellations or the failure of any transportation mechanism to depart or arrive timely or safely, overbooking of accommodation, default of any third party, attacks or bites by animals, pests, or insects, injury or death while on activities sponsored by lodging facilities or by other parties, sickness, the lack of approprite medical care, evacuation to same, if necessary, weather, strikes, acts of God or acts of or orders of government, acts of terrorism, or the threat thereof, force majeure, war, quarantine, epidemics, pandemics, or the threat thereof, sanitation problems, criminal activity, or any other cause beyond it’s control. In addition, guests agree to hold Capture Africa Tours, LLC harmless from its own negligence and assume all risk thereof.
The right is reserved to alter, cancel or postpone the itinerary or trip, at Capture Africa Tours, LLC sole discretion, as it may deem necessary or advisable. Capture Africa Tours LLC reserves the right to decline to accept or retain any passenger on any of its tours if, in its sole discretion, it deems accepting or retaining any such passenger as creating a health or safety risk to any person or bind a detrimental to the tour, or if that person’s continued presence is inconsistent with the best interests of the trip, other quests or staff. In the event any passenger is removed from a trip, Capture Africa Tours, LLC’s only obligation is to refund to that person that portion of the payment allocable to unused services.
Assumption of Risk
Adventure travel can be dangerous and includes certain risks and dangers, including, but not limited to, the hazards of traveling in undeveloped areas, hazards of traveling by boat, canoe, raft, train, automobile, safari vehicle, aircraft, on foot, by animal or by other unconventional means, accident or illness in remote places without medical facilities or easy access thereto, dangers of wild or domestic animals, forces of nature, lack of sanitation, criminal and/or terrorist activity or the threat thereof, epidemics/pandemics or the threat thereof, sickness or injury and the inability promptly to evacuate to appropriate medical facilities, extreme weather conditions, physical exertion for which client is not prepared, and evacuation difficulties. I accept the inherent risks of the proposed trip and acknowledge that the enjoyment of adventuring beyond normal safety of home and work is in part the reason for my participation on this trip. As a result, I hereby release Capture Africa Tours, LLC from all or any liability to the undersigned, his/her personal representatives, his or hers next of kin, from any and all losses, damages, death, inconvenience or injuries to the person or damage or loss of property of the undersigned, or on account of death, injury, loss of inconvenience resulting from any cause, including negligence of the Capture Africa Tours, LLC company or the negligent or willful conduct of others while the undersigned is participating in a tour or any travel or other arrangements made by Capture Africa Tours, LLC.
Air Transportation
International airfare to and from the tour destination is the responsibility of the individual tour members and should be purchased by tour members or their designated travel agent. If, for any reason beyond the control of Capture Africa Tours, LLC, scheduled flights or airfares are changed, any increase in airfare will be the responsibility of tour members. The airline tickets issued by the airlines concerned, when issued, shall constitute the sole contract between these airlines and the purchaser and/or tour members of any of the tours. Internal flights between locations once on the tour must be purchased through Capture Africa Tours, LLC if it is planned as part of the itinerary.
Registration and Payment Policy
A deposit of up to 30% is required to confirm a booking. Payment methods include check, money order, credit card, or bank wire transfer. The balance or final payment is due 90 days before your departure date (120 days for some custom itineraries). If your reservation is made within 90 days of departure, the entire cost of the trip must be paid on confirmation by bank wire transfer or credit card. The cost of wire transfer fees will be your expense and not the expense of Capture Africa Tours, LLC. If full payment is not received 90 days prior to departure, Capture Africa Tours, LLC reserves the right to cancel all arrangements without refund of any deposits received.
Cancellations
Cancellations received by Capture Africa Tours, LLC 90 days or more prior to departure are subject to loss of full deposit (if money has been sent overseas and is not reimbursed to Capture Africa Tours) or minimum $250 cancellation fee. Cancellation is received in our office more than 90 days prior to departure, the fee per person per trip is the full deposit; 89-46 days, 50% of the trip cost, 45 days or less, 100% of trip cost. Trip “no-shows” will receive no refund. For those taking a gorilla safari, the cancellation penalties above shall be increased by the cost of the gorilla permits, which are non-refundable. No partial refunds or credit will be given for unused services. Trip cancellation and interruption insurance is recommended.
Cancellations and Postponements by Capture Africa Tours, LLC
Although supplementary charge can sometimes be paid to operate a trip below our minimum participant level, Capture Africa Tours, LLC reserves the right to cancel any trip due to insufficient sign-ups or for other reasons. If Capture Africa Tours, LLC cancels or postpones a trip, based upon acts of God or force majeure, acts or orders of governments, epidemics/pandemics (COVID-19) or the threat thereof, terrorism or the threat therof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, it’s sole obligation is to issue credits in the full amount of moneys paid to Capture Africa Tours, LLC to the extent it’s suppliers are crediting Capture Africa Tours, LLC with those moneies paid by Capture Africa Tours, LLC to them. Under no circumstances is Capture Africa Tours, LLC obligated to refund the cost of any purchased travel insurance. Capture Africa Tours, LLC is not required to cancel any program for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warning or Advisories of any kind. Capture Africa Tours, LLC is not responsible for fees or expenses assessed by air carriers resulting from equipment, operational and/or itinerary changes, medical costs, babysitting fees, etc…
Insurance
We strongly recommend you protect yourself and your baggage with a short-term traveler’s insurance policy. Baggage is carried entirely at owner’s risk; Capture Africa Tours, LLC assumes no liability whatsoever for damage, loss or delay of property. Trip cancellation insurance, subject to the policy limitations and exclusions, will cover certain losses on non-refundable air and land costs on trips canceled due to illness.
Taxes
Tour programs include hotel taxes as imposed by city and state governments, entrance fees to National Parks and Game Reserves when designated in the itinerary, airport taxes for intra-country flights, and any other fees and levies as designated in the itinerary. International airport taxes are not included.
Miscellaneous
Changes in itinerary may be made at the discretion of Capture Africa Tours, LLC or your local ground operator.
Any purchase of goods or services which client makes while on the trip are solely at client’s risk, including, without limitation, such problems as defects, failure to ship or damage to goods while in shipment, whether or not the purchase was made from a vendor recommended by a guide, other person rendering trip services, or any third party.
I agree that if I am injured or become ill, Capture Africa Tours, LLC may, at my cost, attempt to arrange medical treatment, evacuation or any other emergency services on my behalf as it deems essential for my safety and well being.
I accept responsibility to have a passport, visa, vaccination and other travel documentation in proper order. I realize I may contact the embassies or consulates of the countries I plan to visit for information, and that my passport may have to have a certain number of fully blank pages and be valid for at least six months after the trips end.
For information concerning possible health, vaccination, and safety issues for international travel I acknowledge that I may contact the United States Department of State and Centers for Disease Control and Prevention’s country specific information available at https://www.state.gov/traveler and http://www.cdc.gov.
Capture Africa Tours, LLC and your local operators of tours and/or suppliers of services reserve the right to remove anyone from a safari/trip/tour without refund who acts in a manner which is unsafe or inconsiderate to fellow travelers, or others and/or who ignores the request of his or her guide(s) to act in a safe and considerate manner.
No changes in this Agreement can be made except by a writing signed by and office of Capture Africa Tours, LLC. Prices are subject to change without notice due to currency fluctuations, energy surcharges and/or other causes.
Photography
Capture Africa Tours, LLC may take photographs or film of it’s trips and trip participants, and participants grant Capture Africa Tours, LLC express permission to do so and for Capture Africa Tours, LLC to use such for promotional or commercial use without payment of any compensation therefor.
Unused Services
There is no right to a refund for any unused services.
Binding Arbitration
Any controversy, dispute or claim arising out of or relating in any way to the Agreement, any promotional literature, representations, or other information relating to any way to the trip, or the trip itself, shall be resolved solely and exclusively by by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then-existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc (JAMS). Such proceedings will be governed by the substantive (but not procedural) Michigan law and will take place in St. Joseph, Michigan. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscious ability, or formation of this contract, including but not limited to any claim that all or any part of the contract is void or voidable.
Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury. Any arbitration commenced against Capture Africa Tours, LLC must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as as a spouse or child. Under no circumstances can participants be part of a class or joint action.
For more information email: info@captureafricatours.com
IMPORTANT: BY CHECKING THIS BOX YOU ARE ELECTRONICALLY AGREEING TO THE TERMS AND CONDITIONS AS STATED ABOVE.
Terms and Conditions