1. WHO ARE WE?
Bobby Tours, a company registered in the United Republic of Tanzania, operates all Summit Seekers' climbs.
2. OUR CONTRACT WITH YOU
These Terms and Conditions apply to the purchase of any travel products or services (referred to as Products) from us. They establish the contractual relationship between you and us regarding these Products (referred to as Contract).
Please carefully read these Terms. By booking any Product with us or climbing with Summit Seekers, you acknowledge that:
2.2.1 You have read and understood these Terms.
2.2.2 You accept and agree to be bound by these Terms.
3. THE BOOKING PROCESS
3.1 Your booking is confirmed, establishing a Contract based on these Terms when we either:
3.1.1 Confirm your booking in writing by sending a summary of our completed Booking Form to the designated contact person (Lead Participant) upon receiving a 20% deposit.
3.1.2 Receive your booking from our designated email address: [email protected] and confirm your booking in writing upon receiving a 20% deposit.
3.2 The Lead Participant affirms that:
3.2.1 They are over 18 years old.
3.2.2 They will provide full, complete, and accurate information as requested by us.
3.2.3 If there is a Group on the Booking Form, the Lead Participant has the authority to book and accept these Terms on behalf of all Group members, including minors and those under a disability (Participants).
3.2.4 They are the designated contact person.
3.2.5 They have communicated all necessary information to other Participants.
3.2.6 The information provided about all Participants is complete and accurate, and they have permission to share such information with us.
3.2.7 They will inform all other named Participants about the applicability of these Terms.
3.3 We will send detailed Joining Instructions and a Final Briefing with information for arrival and travel in Tanzania before your Product's Commencement Date.
3.4 Dates, itineraries, and prices are indicative; the price at the time of Booking is applicable. Changes may be made to our itineraries, brochures or our Website, either before or after a Contract is concluded, and are incorporated as of the amendment date.
4. DEPOSITS AND PAYMENTS
4.1 Initial Payment: To secure your booking, a 20% deposit of the total tour cost is due at the time of booking. Payment can be made through debit/credit cards or bank transfer. The remaining balance is to be settled 30 days before the tour commences, with payment options including debit/credit cards or bank transfer.
4.2 Bank Transfers: While bank transfers are accepted, clients are responsible for all transaction fees, including those from intermediary banks. Any shortfalls resulting from these fees or other reasons must be compensated by the client before the tour begins.
4.3 Credit Card Fees: We accept major cards like Visa and MasterCard, with a 5% transaction fee.
4.4 Payment Confirmation: Once funds are received in our account, we promptly notify the guest, specifying the exact deposited amount.
4.5 Short-notice Bookings: For tours booked within 30 days, full payment is required upfront. This ensures swift arrangements and a seamless experience.
5. OUR LIABILITY - PLEASE PAY SPECIAL ATTENTION
5.1 These Terms don't limit or exclude our liability for:
5.1.1 Death or personal injury caused by our negligence, our employees, agents, or subcontractors; or
5.1.2 Fraud or fraudulent misrepresentation.
5.2 Following clause 5.1:
5.2.1 We're not liable to you for any indirect or consequential loss, whether in contract, tort (like negligence), breach of statutory duty, or otherwise, including loss of profit.
5.2.2 Our total liability for all other losses under the Contract shall not exceed the price paid for the Product.
5.3 We're not liable for:
5.3.1.1 Faults of any Participant;
5.3.1.2 Acts of third parties unconnected with providing the Product;
5.3.1.3 Events of Force Majeure (unexpected and uncontrollable circumstances).
5.3.2 Failures due to:
5.3.2.1 You;
5.3.2.2 Third parties unconnected with providing the Product;
5.3.2.3 Events of Force Majeure;
5.3.2.4 Unforeseeable events;
5.3.3 Illness, injury, or death during our Products, except caused directly by our negligence.
5.3.4 Loss, theft, or damage to your belongings is your responsibility.
5.4 Products don't include transfers to/from your departure point.
5.5 You're responsible for valid passports, visas, permits, and certificates for your visit to Tanzania. We're not liable for trip exclusion due to incorrect documents.
5.6 Trips are flexible; changes can occur, and we may make changes anytime.
5.7 If you can't complete an itinerary, we're not liable for alternatives, refunds, or additional costs.
5.8 The Product is adventurous, involves risks, and standards may differ. You assume risks and release us from claims.
5.9 You're responsible for your safety, following safety instructions, and using safety devices.
5.10 Comply with Website details and Trip Dossier Document obligations.
5.11 Bring proper clothing and equipment, hire if necessary. No climb starts without proper equipment.
5.12 Confirm passport, visa requirements with embassies; we're not liable if you fail to comply.
5.13 Check visa and health requirements; you're responsible for correct documents.
5.14 You're responsible for costs from damage, theft, or cleaning fees caused by you.
5.15 Report complaints promptly; we're not liable for unresolved complaints not properly brought to our attention.
5.16 Report problems during the climb to your Lead Guide; failure may affect your rights.
5.17 This clause 5 survives Contract termination.
6. LEAD GUIDE'S AUTHORITY
Signing our booking form means you agree to follow the Lead Guide's authority, our representative. The Lead Guide's decisions on conduct, itinerary, and climb objectives are final. If the Lead Guide thinks your behaviour or health risks safety, your welfare, or others', you may be asked to leave the climb without a refund.
7. WE ARE NOT LIABLE FOR OUR THIRD PARTY SUPPLIERS
We arrange services with independent providers (Third Party Suppliers) for your travel needs. While we carefully choose them, we can’t control or supervise Third Party Suppliers, and we’re not liable for their actions. Optional extras, not included in the Product, are separate and not part of the Product description or itinerary.
8. MEDICAL CONDITIONS & MEDICAL FORM
8.1 For each Group, medical requirements will be outlined in the Booking Form, and all Participants must promptly provide relevant medical details.
8.2 If participating in a climb:
-Our medical form (Medical Form) must be completed before the Commencement Date.
-If a Participant notes pre-existing medical conditions impacting activities or travel, they may be asked for additional medical assurance.
-In such cases, a medical certificate (GP Certificate) signed by a licensed physician must be provided upon request or before the final payment.
8.3 Honesty and accuracy are essential in completing the Medical Form, ensuring all relevant medical history is disclosed, treated confidentially under our Privacy Policy.
8.4 Further information or medical opinions may be requested for Participant safety or Product operation.
8.5 By booking, you acknowledge the risks of our climbs, confirming mental and physical capability for the chosen trip.
8.6 Disclose existing medical conditions affecting your trip.
8.7 High-altitude expeditions carry inherent risks, acknowledged by signing the Booking Form.
8.8 We reserve the right to deny travel if, considering safety, your participation poses potential hazards. Our decision, final and explained upon request, may involve insights from the Medical Form, GP Certificate, or expert opinions.
8.9 Complete the Medical Form and/or GP Certificate on time to ensure safety. Failure to meet deadlines may result in cancellation with applicable fees.
8.10 Assess your suitability for Products, especially if mobility, disability, or other conditions apply. Seek medical advice, obtain necessary vaccinations, and carry required medication. We don’t provide medical advice beyond basic first aid.
9. INSURANCE
9.1 Recommended Insurance: Clients are recommended to secure travel insurance with a minimum coverage of $200,000 for medical, evacuation, and repatriation, spanning all relevant travel dates. It’s advisable to extend insurance to cover cancellation, curtailment, and other potential expenses arising from loss, damage, injury, delay, or inconvenience. The Product cost excludes insurance.
9.2 Coverage Requirements: Participants must have adequate insurance covering the entire trip, encompassing all Product activities and travel to the destination. It should include altitude-specific coverage, medical expenses, injury, death, repatriation costs, and evacuation, even by helicopter or air ambulance. In emergencies, rescue or evacuation costs are your responsibility, along with subsequent expenses like additional hotel stays and meals.
9.3 Activity-specific Coverage: When obtaining insurance, make sure the insurer is informed about the type of travel and activities involved, as standard coverage might not apply to the Product’s nature.
10. CANCELLATION BY THE PARTICIPANTS
10.1 Notification: If a participant needs to cancel their booking, they must notify Summit Seekers promptly in writing.
10.2 Cancellation Fees: The following cancellation fees apply based on the number of days prior to the tour start date:
-More than 30 days: Loss of 20% deposit
-15-30 days: 50% of the tour cost
-Less than 15 days: 100% of the tour cost
10.3 No-show: Participants who do not join the tour without prior notice will not be eligible for any refund.
11. FORCE MAJEURE & CANCELLATION OF A PRODUCT BY US
11.1 Force Majeure: Summit Seekers reserves the right to cancel a Product due to Force Majeure, including but not limited to acts of God, war, terrorism, and other unforeseen circumstances beyond our control.
11.2 Cancellation Procedure: In the event of cancellation by Summit Seekers, participants will be notified as soon as possible. The following options will be provided:
-Transfer to an alternative tour (subject to availability).
-Credit for a future tour.
11.3 No Additional Liability: Summit Seekers is not liable for any additional expenses or consequential losses incurred by participants due to the cancellation of a Product.
12. IMAGES AND MARKETING
12.1 Participant Consent: When you’re part of any Summit Seekers’ climb, photos or videos may be taken by fellow participants, our representatives, or the Lead Guide. These pictures (Images) might include you. By joining, you agree that these Images can be taken and you give us, our affiliates, and assign a permanent, royalty-free, worldwide licence to use them for any purpose (like marketing), in any way, without owing you anything.
12.2 Use of Images: We may use these Images for free in various media (now or in the future) for genuine promotional materials, such as brochures, websites, videos, or the internet. If you change your mind, you can withdraw this agreement anytime by emailing us at [email protected].
13. PRIVACY POLICY AND HOW SUMMIT SEEKERS USE YOUR INFORMATION
13.1 Information Collection: Summit Seekers needs to collect personal details from participants for booking, product delivery, and related services. This ensures we can effectively provide the services described in our Privacy Policy, which is an integral part of these Terms.
13.2 Data Protection Compliance: Summit Seekers follows the General Data Protection Regulations to protect participant information, respecting privacy and upholding the highest data protection standards.
13.3 Limited Information Usage: We collect, use, and disclose only the necessary information to deliver the requested product or service, aligning with our Privacy Policy.
13.4 Sharing Information: Sometimes, we may share your information with Third-Party Suppliers involved in delivering our products or services. These suppliers also adhere to our Privacy Policy.
13.5 Consent Confirmation: The Lead Participant ensures appropriate consents from all participants when booking with Summit Seekers, affirming agreement with our Privacy Policy.
13.6 Data Processing Measures: Regarding personal data processing, Summit Seekers commits to following our Privacy Policy and implementing technical and organisational measures for data protection. This includes confidentiality obligations for personnel, ensuring security against unauthorised processing, and promptly notifying participants of any data breaches.
14. SOCIAL MEDIA POLICY
14.1 Complementary Social Media Updates: Summit Seekers offers trek updates on social media as a complimentary service. Please note, this service is discretionary and not a contractual obligation.
14.2 Privacy Request: If you prefer not to be featured in social media updates, kindly inform the team upon arrival.
14.3 Communication Restriction: For contractual, commercial, and legal reasons, you agree not to attempt any direct or indirect communication with our guides through social media, email, or any other means. This includes friend requests on platforms like Facebook or messages on apps like WhatsApp.
14.4 Guides’ Employment Condition: All guides are bound by employment contracts that prohibit direct communication with clients. This policy is strictly enforced, and any attempt to encourage guides to breach this policy may result in their dismissal, without exceptions.
15. SUSTAINABLE PACKING IN COMPLIANCE WITH TANZANIAN REGULATIONS
15.1 Plastic Bag Ban: As part of our commitment to responsible travel, Summit Seekers acknowledges and adheres to Tanzania’s plastic bag ban, effective from June 1, 2019. It is imperative that all participants familiarise themselves with and adhere to this regulation.
15.2 Environmentally Conscious Packing: Participants are encouraged to support the reduction of plastic waste by choosing sustainable alternatives for packing, such as packing cubes and dry bags. By adopting eco-friendly practices, we collectively contribute to preserving the environment.
15.3 Airport Arrival Guidelines: To comply with the national plastic bag ban, participants may be asked to surrender any plastic bags upon arrival at the airport. Cooperation with airport authorities in this matter is essential.
15.4 Exception for Cabin Baggage: While single-use plastic bags are prohibited in Tanzania, participants should note that zip-lock bags for liquids and toiletries in cabin baggage on aeroplanes are still permitted under aviation regulations.
15.5 Environmental Responsibility: Summit Seekers values environmentally responsible practices, and participants are expected to align with our commitment to sustainable travel. Any failure to comply with the plastic bag ban may result in consequences outlined in these terms and conditions.
16. GENERAL
16.1 Terms Update: Summit Seekers reserves the right to update or modify these Terms, with any amendments posted on the Summit Seekers’ website. Changes become effective 10 days after posting. Participants are encouraged to review the latest version at Terms and Conditions or upon written request to Summit Seekers.
16.2 Enforceability: If any term is unenforceable, void, or against public policy, it shall be severed or amended to the extent necessary for the remaining terms to survive. If a provision is overly broad, it will be interpreted to the extent enforceable. The invalidity of one provision does not affect the validity of others.
16.3 Assignment of Rights: Summit Seekers may assign, transfer, or deal with its rights under the Contract. Obligations may be subcontracted or delegated to third parties.
16.4 Participant Restrictions: Participants cannot assign, transfer, or deal with their rights or obligations under the Contract without prior written consent from Summit Seekers.
16.5 Invalid Provisions: If any provision becomes invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary or deemed deleted. The rest of the Contract remains valid.
16.6 Waiver: Waivers are effective if in writing and do not waive subsequent breaches. No delay in exercising rights prevents further exercise. Partial exercise does not restrict future use.
16.7 Third-Party Rights: Individuals not party to the Contract have no rights to enforce its terms.
16.8 Governing Law: The Contract is governed by the law of the United Republic of Tanzania. Disputes arising are subject to resolution in Tanzanian courts.
