One Horizon Terms and Conditions
ONE HORIZON AFRICA, ASIA & AMERICAS trading as ONE HORIZON AFRICA,
ASIA & AMERICAS
1. When you make a booking with One Horizon, you are confirming that you have the necessary authority to do so and accept fully the terms and conditions set out below. For clients under the age of 18, One Horizon requires that these terms and conditions are accepted on your behalf by your legal guardian. You must read and accept, by ticking the relevant tick box, that you are in agreement with these Terms & Conditions
2. All information supplied by One Horizon on its website, in any publication or in any communication is believed to be correct and is given in good faith but without any responsibility on the part of One Horizon. We cannot accept any liability for changes that occur, or errors that become apparent, after the production of these materials. Every effort is made to ensure the information is accurate. Due to the nature of our tours in Africa, the experiences we organize, may change at short notice. Every effort will be made to communicate significant changes to you prior to your departure provided we are notified of these changes in sufficient time to do so. Prices, details of services posted on our website, advertised at shows or in marketing literature are subject to change without notice and all products, services and offers are subject to availability.
3. On receipt of your booking and all necessary payments One Horizon will, subject to availability, confirm your arrangements by issuing a booking confirmation. Please check the details of your confirmed booking carefully. If any information on the confirmation or any other document is incorrect, or incomplete, please contact One Horizon as soon as possible as it may not be possible to make changes later.
Payment
1. A deposit of $500USD per person is payable to secure your booking where your tour package includes accommodation. Your booking is processed when the deposit is received.
2. Upon receipt of your deposit One Horizon will send you confirmation of your booking, and details of the due dates of further payments. The balance of your booking must be paid no later than 4 weeks prior to your departure date or on booking if this date is within 12 weeks of departure.
3. If One Horizon does not receive all payments due in full and on time we reserve the right to treat your booking as cancelled by you and retain all monies paid, or due at that time.
Pricing
1. One Horizon reserves the right to change its prices at any time before you book.
2. In the unlikely event an increase is greater than ten percent of the cost of your programme you will be entitled to cancel your booking and receive a full refund of all monies paid to us or you can book an alternative trip if available, with the appropriate price adjustment.
Cancellations: By You (The Customer)
1. If you cancel your tour within 90 days of your departure date the following cancellation charges will be incurred. General cancellation charges:
- • 90+ days before departure: full refund less deposit
- • 61 – 89 days before departure: full refund less 25% of total fee
- • 31 – 60 days before departure: full refund less 35% of total fee
- • 15 – 30 days before departure: full refund less 50% of total fee
- • Less than 15 days before departure: no refund
2. We strongly recommend that if you are going to participate in a One Horizon tour that you have Travel and Health insurance at the time of booking, which should then, in most cases, include cover, under certain circumstances specified in your insurance policy, against loss of deposit, or cancellation fees, as well as evacuation services.
3. Once on a tour, and in the event, you decide to discontinue the tourbefore it is due to end, for any reason, there will be no refund.
Change of Booking: By You (The Customer)
1. . Please note that in regard to changes to your itinerary and where you intend to spend less time at a project (e.g. where you change your booking from a 7 to a 5 day tour etc) no refunds are paid.
Cancellation/ Change of Your Booking: By One Horizon
1. It is unlikely that we will have to make any changes to your itinerary. But occasionally we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest opportunity. A minor change is any change which, taking account of the information you have given us at the time of booking, or which we can reasonably be expected to know, we could not reasonably expect to have a significant effect on your confirmed trip. The nature of the itineraries provided by One Horizon is one which allows some alternatives and a degree of flexibility. When necessary, we reserve the right to make alterations to a trip without notice, including to the itinerary, excursions, activities, accommodation, and amenities. These alterations may be made if, in our reasonable opinion, it be regarded as essential to provide due care, but are not limited to these reasons.
2. Changes in itinerary may be caused by local political conditions, mechanical breakdown, road conditions, weather, border restrictions, sickness and other unforeseeable circumstances. No refunds will be given for services not utilized. It is a fundamental condition of joining any of our tours described on our website, or in any marketing material, that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment are possible. If you are unable, or do not choose, to complete an itinerary, One Horizon is not liable to supply alternative itineraries, excursions, accommodations, services, or staff for the period when you are not present with the group.
3. Changes in itinerary may be caused by local political conditions, mechanical breakdown, road conditions, weather, border restrictions, sickness and other unforeseeable circumstances. No refunds will be given for services not utilized. It is a fundamental condition of joining any of our tours described on our website, or in any marketing material, that you accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment are possible. If you are unable, or do not choose, to complete an itinerary, One Horizon is not liable to supply alternative itineraries, excursions, accommodations, services, or staff for the period when you are not present with the group.
4. We cannot accept liability for any tour changes, or cancellations, as a result of “Force Majeure”, for example war or threat thereof, terrorism, civil unrest, fire, sickness, bad weather, acts of government or local authority, acts of God (see Force Majeure below). Except in the case of extraordinary circumstances beyond our control we will not cancel a tour less than 8 weeks prior to departure.
5. If One Horizon has to make a significant change or cancel (except in the case of “Force Majeure”), 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 the following options:-
- • for significant changes, accepting the changed arrangements; or
- • purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or:
- • cancelling the booking and obtaining a prompt refund of the money paid (not including flights and visa fees) – as long as written notification of cancellation has been given within 7 days of the date on which you were notified of the alterations.
Force Majeure
One Horizon will not accept liability or pay any compensation where the performance or prompt performance of its contractual obligations is prevented, or affected, or you otherwise suffer any loss, or damage, due to circumstances that come under the definition of ‘Force Majeure’. In these booking conditions ‘Force Majeure’ means any event that we, or the supplier of the services in question, could not foresee, or avoid, even with all due care. Such events include, but are not limited to war, the threat of war, insurrection, riots, strikes, civil action, decisions by governments or governing authorities, natural disaster, bad weather, technical or maintenance problems with the transport, criminal and terrorist acts or similar circumstances beyond our control.
Problems or Complaints
1. One Horizon works with receiving partners in some of its destinations in which we offer tours. These partners are responsible for representing us and offering you support while you are on your programme. In country representatives are responsible for your orientation and organizing your placement at the programme. They are there for any support you may need regarding local advice, emergency issues and to resolve any issues you may have regarding your placement.
2. If the customer remains unsatisfied following attempts to resolve an issue locally then One Horizon should be notified by telephone, facsimile, email or in writing so that we can take any reasonable action to help resolve the issue
3. If you feel that you have reason for complaint during your tour it is your responsibility to ensure, at the earliest possible opportunity, that any perceived failure in the performance, or improper performance, whether by the company, or its suppliers, is communicated to the tour representative or supplier, and simultaneously to inform One Horizon by telephone, email or in writing so that the concerns can be addressed.
4. You must communicate any complaint to One Horizon, the supplier of services, and the tour representative at the earliest possible opportunity and whilst you are still on the tour. Failure to do so will affect our ability to investigate the complaint. Until we know about a problem or complaint, we, or the supplier, cannot begin to resolve it. If your complaint or problem is not resolved to your satisfaction, you must write to us within 28 days of the tours completion date. If this procedure is not followed the complaint will not be considered.
Our Liability
1. Nothing in these conditions is intended to exclude, or limit, our liability to you if death or personal injury is caused by our negligence, or that of our employees (providing they were at the time acting within the course of their employment). Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part, or that of our suppliers in performing our obligations under the contract.
2. We will not be responsible for any claim arising as a result of any, or all, of the following;-
- • the fault of the person(s) affected or any member(s) of their party; or
- • the fault of a third party not connected with the provision of your itinerary which we could not have predicted, or prevented; or
- • the fault of anyone who is not carrying out work for us (generally or in particular) at the time; or
- • an event or circumstance that we or the supplier(s) of the service in question could not have predicted or prevented. This may include (but is not limited to) an occurrence of Force Majeure, as described in these booking conditions.
3. In respect of claims for death and personal injury we will not be liable for any loss of profit, or loss of business, or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage.
4. The services and facilities included in your package will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.
Suppliers Conditions of Carriage, Accommodation and Safaris Services
1. Locally arranged transport is used at times during the tours. You also agree to abide by the terms and conditions of all such carriers related to the trip.
2. Where public transport is used, we cannot be held responsible for its standards, or liable for any damages, loss, or injury incurred during its use.
3. One Horizon purchases its accommodations, restaurant services and other services from various independent suppliers that are not subject to our control. All such persons and entities are independent contractors. However, we ensure that the suppliers we contract have the licenses required under the laws of the land, and possess the required Health & Safety Certificates
Marketing Materials
1. Any likeness, or image of you, secured, or taken, during any of our tours may be used by One Horizon without charge in all media for bona fide promotional, or marketing purposes, such as in brochures, slides, video shows and the internet. By participating in our tours, you are agreeing to waive any rights to these images, or comments made, and agree that they may be used by One Horizon in future promotions
2. Any images supplied by you to One Horizon may also be used by One Horizon without charge in all media for bona fide promotional, or marketing purposes, such as in brochures, slides, video shows and the internet.
Data Protection
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name and address, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as hotels and transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us. If, however, we cannot pass this information to the relevant suppliers, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons. You are entitled to a copy of your information held by us. If you would like to see this, please contact the Company during normal working hours.
Passport and Visa Requirements
1. It is your responsibility to be in possession of a valid passport with sufficient period of validity and number of blank pages and any necessary visas, or health documents, as required, for the entire duration of your programme, and to ensure that you meet the entry requirements of the countries to which you are travelling.
2. In some cases, you will need a visa to enter the country. It is your responsibility to organize any visas necessary for the trip. If you break the conditions of your visa whilst you are on your programme and as a result you are asked to leave the country, you will not be entitled to any refund, or alternative placement.
Customer Privacy
We ensure that customer privacy is not compromised. Our staff are trained to conduct business with fairness and integrity; our advertising is truthful and fairly describes the qualities of the travel service and accommodations offered, free of misleading statements or inferences, every transaction with a client is confidential.
Behavior
1. A booking is accepted on the strict understanding that you undertake to comply with the laws, customs, foreign exchange, drug and all other regulations of any countries visited during the programme, as well as all hygiene, safety and security rules. In addition, we will not accept a person as a person if they have been charged and/or convicted of any offence regarding the abuse (sexual or otherwise) of children or if you are on a Sex Offenders Registry.
2. You will be advised of any specific tour rules either in your pre-departure information, or during your orientation. Do be aware that in the event that you are expected to comply with those rules that ensure your safety and well-being
Health and Travel Advice
1. In the interests of health and safety, you must comply with the following requirements. If you fail to comply with any of the following, One Horizon cannot be held liable:
- • You must ensure you have all necessary medications and or prescriptions
- • It is your responsibility to check any country-related travel advice before embarking on your trip, specifically any advice issued by your government. Should a relevant security issue arise whilst you are away, One Horizon or our in-country partners may contact you advising of any potential hazards.
Fitness and Travel Requirements
1. If you are affected by any condition, medical or otherwise, that might affect your enjoyment of the tour; you must advise us of this at the time of booking. If we reasonably feel that we are unable to accommodate your needs, due to particular health requirements, we must reserve the right to decline your reservation, or if full details are not given at the time of booking, cancel when we become aware of these details and apply cancellation charges as described in the cancellations clause above.
2. Ensuring fitness to participate in a tour is the customer’s responsibility and no refund will be made should any customer be unable to complete a placement for this reason.
3. Special requests, such as dietary requirements, must be made at the time of booking. We will pass on your request to our appropriate partners, or service providers, but cannot guarantee that these will be accommodated.
4. Accommodation and meals will be arranged for tours where specified within individual programme details. It is your responsibility to confirm with On Horizon whether or not they are included in your booking fee and to advise us of any special dietary requirements. Please be aware that accommodation, food and facilities with which you will be provided will be of a local standard.
Travel and Health Insurance
1. It is a condition of booking that every customer must have travel and health insurance in force for the entire duration of the tour
The adequacy of your insurance is your own and not One Horizons responsibility. We accept no responsibility for the loss of, or damage to, personal property or valuables and therefore recommend that you take out insurance to cover the loss of baggage and valuables. One Horizon takes no responsibility for any loss, damage or expenses incurred if travelling uninsured or underinsured.
Flights and Transfers
1. It is your responsibility to arrange and pay for any flights and transfers, including any internal flights. We cannot be held responsible for any action, negligence, or event relating to the purchase, or operation of flight tickets, or flights. Furthermore, One Horizon will not be responsible for any costs, or refunds, due to changes, or delays in flights.
2. Should you experience a flight delay, or cancellation, there may be additional costs payable by you for your transfer to the tour and accommodation and One Horizon accepts no liability for these costs.
3. One Horizon cannot accept responsibility for clients missing flights and late checkins and no credit or refunds will be given if you fail to take up any component of your trip. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
4. Customers must ensure that the name that they provide on their application form to One Horizon is as it appears on their passport. One Horizon cannot be held responsible for flight tickets that are invalidated due to the incorrect name being provided.
5. In the event that your placement is cancelled or postponed, due to circumstances beyond our or our partner’s control, we and/or our partner cannot be held responsible for any expenses incurred. This includes any flight, travel, or other costs including, but not exclusive to, any charges made by the airlines for cancelling, changing, or transferring flights, or other arrangements.
6. You agree to advise us of flight arrival details and of any changes that may be made to your arrival details at the earliest possible opportunity. Should you arrive outside the agreed start date/time for your programme, or do not advise of your correct arrival details, you may have to cover transfer costs and any other costs arising.
Governing Law
1. All matters, or disputes arising out of this contract shall be governed by and construed in accordance with the laws of Australia and Kenya are subject to the jurisdiction of the Australian and Kenyan courts.
2. In accepting these terms and conditions you confirm that you have read, understand and agree to be bound by them.
3. . One Horizon reserves the right to cancel a programme allocation, and retain the deposit paid by you, should you not have confirmed acceptance of the Terms and Conditions through our website when making a booking.