Eko Tracks Terms & Conditions Agreement

Eko Tracks is a touring company organized under the laws of the state of North Carolina, USA as a Limited Liability Company (Eko Tracks). The following terms as used in this Terms and Conditions Agreement shall be considered synonymous: safari, tour, and trip, all of which refer to the travel arrangements being booked with Eko Tracks. Additionally, the following terms: client, guest, participant, member, passenger, and traveller all refer to you, as the traveller.

We strive to make our tours an experience of a lifetime. Please read the information below carefully before completing the reservation form. Once signed and received your reservation form is proof of the binding contract between you and Eko Tracks. The Terms and Conditions Agreement conveys to every client the terms and conditions under which we operate.

Tour participation

Our aim is to offer enjoyable tours whilst making the welfare and comfort of our clients our highest priority. The local driver/guides is responsible for the safe and efficient running of the tour, and the supervision of safety, health and hygiene.

Eko Tracks reserves the right to accept or decline any individual from participating on any of our tour programs for any reason. We will not discriminate against any individual because of race, religion, sex, sexual preference or nationality. If at any time you have any questions regarding this Agreement, we encourage you to seek the advice of an attorney.

Jurisdiction and the law

When submitting your application, you confirm that you have read and understood all the terms and conditions herein and agree to abide by them. These terms and conditions are subject to reasonable change without prior notice and the terms and conditions listed here shall at all times be considered the binding terms and conditions irrespective of other terms and conditions in circulation.

Limitations of liability

Eko Tracks shall arrange and book a tour. Some of our tours, or part thereof go to remote places and by signing this Agreement, you acknowledge the potential, albeit infrequent danger and assume all risks of injury. The role of the tour leader is to facilitate the safe and successful conduct of the tour, as well as the well-being of all participants, however, the tour leader cannot protect you against all risks. In the event of disputes within the tour group, the tour leader's decision will be final.

Please be aware that you are acknowledging your personal responsibility for your own welfare at all times by signing the required documents. No proportion of the tour costs are explicitly in relation to, or in return for, professional instructing or guiding services.

Eko Tracks gives notice that they subcontract to local service providers for accommodation, transportation and/or all other related travel services. Eko Tracks, its owners, and employees assumes no responsibility for any discomfort, injury, illness or death sustained during the tour, loss, or damage to person or property, delay or change in air or other services, howsoever caused, irregularity, inconvenience or additional expenses in connection with any service resulting directly or indirectly from: defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, sickness, wars, detention, annoyance, delays, thefts, pilferage, force majeure, wild animals, failure of any means of conveyance to arrive or depart as scheduled, overbooking, travel advisories, discrepancies or changes in transit, hotel and other services over which it has no control, occurring in either the country of origin, destination or through passage, or through the acts or default of any company or persons engaged in conveying the passengers or in carrying out the arrangements of the tour. All such losses or additional expenses shall be the sole responsibility of the client on the tour.

Reservation and payments

Prices are not guaranteed until a deposit has been paid by you or on your behalf. All prices are subject to change without notice and at any time by Eko Tracks. Land only prices are based on per person sharing a double occupancy accommodation. Prices for single accommodation have an additional cost.
We advise you to carefully read the itinerary and description of the tour before making a reservation. If you are unsure, you are welcome to contact our office. To apply for a reservation, each client is required to complete and sign their own forms:

• Reservations Form
• Liability Release and Assumption of Risk Agreement
• Travel Insurance Acceptance (required at or before final payment due date)

The Reservations Form, and the Liability Release and Assumption of Risk Agreement, together with a deposit must be received by our office at least 2 months prior to departure. By sending the signed Liability Release and Assumption of Risk Agreement, the client certifies that he/she does not knowingly have any physical or other conditions of disability that would create a risk for him/her or other tour participants. Participation by any client will be declined in the absence of the signed Liability Release and Assumption of Risk Agreement Form, with no tour fee refund.

Upon receipt of your reservation and deposit, we will, subject to availability, reserve your place on your selected tour. We will send you a Letter of Notification and a Tour Dossier which will help you prepare for the tour.

All prices are quoted in U.S. dollars and must be paid in U.S. dollars. The balance of the tour price is due not later than 2 months prior to the scheduled departure date. The completed and signed Travel Insurance Acceptance form is also due at this time. If the balance is not paid by the due date, we reserve the right to cancel your place on the tour and apply cancellation charges. If you apply for a tour within 2 months of its departure, you are required to send the full amount with your reservation form.

Extra pre- or post-tour nights at the place of departure or at the meeting point in the host country, and transfers to/from the hotel are at your sole expense.

Travel documents

You are reminded that it is entirely your responsibility to ensure that you are in possession of all the necessary travel documents to participate on the tour, including but not limited to a passport with at least 6 months validity after departure from the host country, valid visas (where applicable), air tickets to take you to the host country on time, and valid vaccination certificates. If you expect to have to renew your passport and your vaccinations before embarking on the tour, you should allow plenty of time to do so. Discrepancies may result in delays of the tour or in the cancellation of participation of the responsible client(s). In such cases we reserve the right to recover costs from the individual(s) involved.

Medical information / Liability release

Participation on a tour requires that you be generally in good health. It is entirely the responsibility of each client to ensure that they have taken adequate medical and dental precautions for the tour they intend to join. In particular the client must comply with all advice from the relevant authorities (e.g. Centers for Disease Control and Prevention at http://www.cdc.gov) regarding vaccinations, inoculations and other medical and dental precautions. Any required vaccinations must be recorded by the client’s health practitioner on a valid vaccination certificate which the client must carry in his/her possession throughout the tour. We cannot assume responsibility for the accuracy of any medical information and accept any information provided by you as true, and are under no duty or obligation to confirm the truthfulness of any of the information contained therein. If you have an existing or previous illness/disability, which could affect your mental or physical condition during the tour you must consult your doctor about your suitability to join the tour and we reserve the right to refuse you as a participant.
It is essential that persons with any pre-existing medical condition(s) and/or related dietary restrictions make them known to us well before departure. We reserve the right at any time prior to departure to insist that you provide a medical certificate as documentary proof of your suitability to join the tour.

Travel insurance

It is a condition of booking a tour that the sole responsibility lies with the client to ensure that they carry the correct comprehensive travel and medical insurance to cover themselves, as well as any dependents and traveling companions for the duration of the tour and all activities detailed for the tour. This insurance has to provide cover for, but not limited to, the following eventualities: in-country medical treatment and, if necessary, emergency medical evacuation and/or repatriation, damage, theft or loss of personal baggage, money and goods, cancellation or curtailment of the tour. We will take no responsibility for any costs for losses incurred or suffered by the client, or client's dependents or traveling companions, with regards to, but not limited to, any of the above mentioned eventualities. Clients will be charged directly by the relevant local service providers for any emergency services they may require, and may find themselves in a position unable to access such services should they not be carrying the relevant insurance coverage. We reserve the right to remove you from the tour at any time if you fail to provide us with evidence of adequate travel insurance cover when asked to do so.

Inclusions and exclusions

Eko Tracks will provide the arrangements and services in the host country as listed in the itinerary. The published tour cost includes all travel from and to the meeting point within the host country; accommodation, meals, and access fees as per itinerary; services of the local driver/guides; and any other services or goods specifically mentioned in our tours.

The cost of the tour does not include any other items and specifically excludes passport, visa and vaccination costs, health insurance, personal travel insurance, additional (alcoholic) drinks and food, telephone calls, airport taxes, private trips and excursions, and anything else not specifically included.
The published cost of the tour does not include travel to and from the meeting point in the host country. It is the responsibility of each client to make his/her own way to the meeting point in the host country for the scheduled date and time. We insist on punctuality and do not accept liability for any additional costs from failure to arrive at the meeting point on time. This may include, but is not limited to transportation from the airport to the hotel or lodge.

If a client fails to arrive at the meeting point in time and as a result is unable to participate in the tour, in part or fully, no refund or compensation will be due. Once an expedition has departed, no refund or compensation will be given for any unused accommodation, travel or any other feature contained in the tour information. This also applies to all extensions and independent travel arrangements that clients have made.

Itinerary changes

Eko Tracks offers tours to distant and challenging parts of the world, mostly in remote regions of the host countries. Here, the unexpected can happen and it is important to realize that even the most carefully laid plans can go wrong. A variety of factors including, but not limited to delayed flights, sickness, weather conditions, natural disasters, wildlife behaviour and movements may necessitate a change to the scheduled itinerary, and/or prevent you from seeing the areas, destinations, habitats or species advertised. A positive attitude and a sense of humour is always helpful in such situations.

Every effort is made to adhere to the itinerary and time schedules as close as possible and to keep changes to a minimum, but sometimes reasonable changes in the itinerary may be made where deemed necessary for the comfort and well-being of the clients. It should be noted that we may be obliged to occasionally change routes or camps on the tours as dictated by changing local conditions, which may include for example the closing of some roads or landing strips due to seasonal rainfall, changes in game migrations etc. If it is necessary to make some changes while on tour, these will be made in consultation with the clients. Eko Tracks shall not be held responsible for the outcomes of any itinerary changes or delays if caused by any of the above factors. Clients will be responsible for any additional expenses incurred, which, depending on the circumstances, may be recoverable on your travel insurance. However, we would like to stress that many problems as outlined above, are unlikely events, even in these remote areas.

Guide replacement

If a tour guide is unable to lead a scheduled tour due to illness, injury etc., the local service providers reserve the right to substitute another guide/leader.

Specific accommodation

While our local service providers strive to ensure that all reserved accommodation is available as planned, we are responsible for a refund either in part or in whole, if any accommodation, excursion or activity is unavailable and a reasonable alternative is not found.

Single accommodation

All our tours prices are based on a per person sharing accommodation basis. It is often possible to arrange single facilities, but these will be at an extra charge. Please notify us of your requirements when applying to join a tour.

Airfares and delays

Eko Tracks is not liable for additional costs incurred by the client as a result of any changes in airline schedule or delays and which may necessitate additional nights being added to your tour, airfare changes, cancellations, overbooking or damage or loss of baggage and property. Any and all claims for any loss, injury or damage suffered on any airline must be made directly with the airline involved and not Eko Tracks. If a client is unable to use any part of, or all of the services provided in the itinerary, then there are no refunds due.

Surcharge policy and insufficient numbers

We aim to operate every tour as outlined in the tour description. In order to stand by the advertised prices, we are unable to absorb large cost and/or currency fluctuations. On the rare occasion of a significant increase in the price of products (e.g. fuel) that is beyond our control, we may be forced to pass a proportion of this increase to our clients. Any such increase will be notified to you as soon as we have the information. An increase in the tour price of less than 10% due to any of the above reasons, shall not be sufficient grounds for cancellation and any refund of fees already paid for the tour. However, if this surcharge exceeds 10% of the advertised tour cost, you may withdraw from the expedition within 7 days of receiving notification and receive a full refund minus the deposit.

We reserve the right to cancel any tour for which we do not have sufficient numbers of participants to make a tour economically viable. If the minimum group size of 8 for tailor-made tours is not reached, we reserve the right to cancel the tour or add a 10% surcharge to the tour contribution.

In the unlikely event of any of the problems described above, we will notify our clients immediately. Most problems are apparent before the balance of the tour cost is due, so there is usually sufficient time for clients to consider the changed circumstances.

Wild animals

Please be aware that our tours may take you into close contact with wild animals. Attacks by wild animals are rare, but no tour into the African wilderness can guarantee that this will not occur. We cannot be held responsible for any injury or incident on the tour by wild animals or otherwise. Please note that the majority of camps, especially in Botswana, are un-fenced and wildlife moves freely in and around the camps. Always follow the safety instructions from the tour guide and the camp's staff with regards to moving to and from your lodging and while on game activities throughout your tour.

Tour conduct

Our tour leaders do their utmost to ensure that problems are solved in a manner beneficial to the tour and clients. Signing the reservation form indicates your acceptance of the leader's authority to make decisions affecting the safe conduct of the tour, and/or individual group members, or puts the welfare of wildlife or habitats at risk. It also obliges you to comply with the tour leader's instructions and with the laws and regulations of the host country. It is the client’s responsibility to familiarize him/herself with the laws of the host country. If you disregard these instructions and laws (in particular the unlawful possession of illegal substances, firearms, illegally obtained diamonds, animal or plant products), you will be removed from the tour and may in some instances be prosecuted by the host country. In such an event you shall be responsible for any and all costs incurred to travel back to your home country. In such circumstances neither the tour leader shall be liable, nor is the individual involved entitled to a refund. In such circumstances Eko Tracks reserves the right to recover any costs incurred as a result.

Cancellation and refund policy

If you have to cancel or curtail your journey due to unforeseen circumstances, cancellations are only effective upon receipt of a written notification, signed by the client. These terms are standard for all our tours and any charges we retain are used to cover advance payments and purchases we have made in the host country. If you withdraw, we advise you to check your insurance policy to determine if you are entitled to a refund, under the terms of the policy.

High demand and limited capacity in some lodges and camps necessitate high cancellation fees. If cancellation is made prior to 2 months before departure, your deposit is forfeited. If your cancellation is made after the due date for full payment of your tour fare, additional charges will be levied. The scale of charges, expressed as a percentage of the tour price, is as follows:

Should you fail to join a tour after departure, no tour costs will be refunded. In the event that a client joins a tour after departure or leaves it prior to its completion, no refunds for any unused portions of the tour will be due. The above policy applies to all travel arrangements made with Eko Tracks. Additional travel expenses to the airport, if needed, must be carried by the client. In the eventuality of this happening, the client’s insurance may cover such costs, depending on the reason for cancellation and curtailment.

Curtailment of a tour

Eko Tracks shall not be held responsible for occurrences such as strikes, wars, acts of God, acts of government, local service provider liquidation or any other cause whatsoever that may make operation of the tour impossible, illegal or inadvisable. In the unlikely event that a tour has to be cancelled, you will be notified immediately. In such an event, any reasonable expenses Eko Tracks has incurred will be deducted from your refund. We do not accept liability for any losses arising, from or any expenses incurred by tour members in preparing for the tour, including non refundable or penalty-carrying airline tickets, special clothing, visa or passport fees, or other tour-related expenses. Such expenses may be covered by the client’s insurance.

Summary

By signing below the client acknowledges that s/he has read and understands all our Terms and Conditions Agreement and agrees to abide by them, and that a legally binding contract has been made.
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