When a person on his / her own behalf or for another person, or organisation (hereinafter referred to as 'Client') places a deposit for or pays in full or in part for the cost of travel on a journey on a Safari operated by a Safari company, or other Travel Supplier such as a riverboat company (collectively hereinafter referred to as 'Safari' or 'Safaris'), as presented by The Luxury Safari Club (hereinafter referred to as 'LRBC'), the Client accepts that his / her contract is with the Safari and that The Train Chartering Company Ltd (hereinafter referred to as Train Chartering' or 'Company') on behalf of LRBC is the agent for the Safari.
These Conditions and any appendices shall take effect on 20###sup/sup### January 2013 until further notice, or as superseded by later versions.
The Client is strongly urged to have adequate travel insurance for the intended travel; travel is arranged by the Company on the basis that the Client has adequate insurance cover. Please note: having adequate travel insurance is a condition of booking on some Safaris.
Terms and Conditions of the Safari
The terms and conditions of the Safari take precedence over those of LRBC, where there is conflict or apparent duplication.
Safari Chartering / LRBC as Agent
Safari Chartering / LRBC is the agent for every listed Safari. The Client travels on the basis of a direct contract with the Safari. These booking conditions from LRBC are available if there are no relevant conditions provided by the Safari.
Assumption of Acceptance by the Client
Train Chartering assumes that, on booking, the Client fully accepts these Terms and Conditions, and / or those of the Safari.
A. PERMIT TO TRAVELS
1. Passengers need a valid permit to travel to travel on the Safaris presented by LRBC
1.1 Passengers must hold a valid permit to travel or authority to travel on the Safaris presented by LRBC.
1.2 Any required alterations to class or permit to travel type must be made and paid for before the passenger's journey commences.
2. Conditions on which permit to travels are issued
2.1 Permit to travels are issued subject to these Conditions, all safety and other regulations applicable to travel on the Safari and the terms of the conditions set out in our notices and other publications, which may be issued from time to time.
2.2 Where we issue or provide permit to travels that are valid for travel on a Safari we do so as agents for the operators, whose byelaws and conditions apply.
2.3 If the passenger's permit to travel entitles him / her to obtain any goods or services from another person, the permit to travel is also subject to the conditions set out in the notices and other publications issued by that person. Copies of our notices and other publications are available from the company offices of Train Chartering and copies of the notices and other publications issued by any other person that is to provide the passenger with goods or services are available from that person.
B. VALIDITY OF PERMIT TO TRAVELS
4. On a Safari
4.1 The period of validity of any kind of permit to travel is that printed on the permit to travel or stated in our notices and other publications relating to the permit to travel.
4.2 Within the period of validity, a Safari permit to travel is only valid for travel on the date and on the Safari shown.
5. Permit to travel Exchanges
Permit to travels are not exchangeable or refundable or valid on any other Safari, except as advised during the booking process.
C. USE OF PERMIT TO TRAVELS
6. Breaking a journey at intermediate stops
6.1 Stopovers en route, other than those necessary for transfers or as part of the Safari's tour programme, are not permitted. If a passenger breaks a journey, except as stated above, he / she will not be entitled to continue it later.
6.2 Permit to travels for Safaris do not include the cost of travel between different stops.
7. Validation: Before or after boarding a Safari, the permit to travel must be validated at the request of a member of the Safari's staff.
8. When the passenger is making a journey and has to change Safaris
8.1 If a change of Safaris is required, the passenger will be responsible for transferring himself / herself and luggage between the Safaris and, if necessary, between stops, unless such arrangements have been agreed with LRBC.
9. The permit to travel is non-transferable except by special arrangement
9.1 Permit to travels are non-transferable (unless otherwise specified by special arrangement with Train Chartering) and may only be used by the person for whom the permit to travel has been issued by Train Chartering or by the Charterer. Permit to travels may not be offered for sale except by Train Chartering or its authorised agents. If a permit to travel is resold or transferred for profit or other commercial gain, and no special arrangement has been agreed, it will become invalid and the holder may be refused access to the Safari.
10. Withdrawal of permit to travels
10.1 Permit to travels remain our property or that of the Safari and if the passenger fails in any material respect to comply with any condition governing its use, the permit to travel may be withdrawn or invalidated by our staff or agents, or agents of the Safari.
D. PASSENGER RESPONSIBILITIES
11. Permit to travels must be checked at the time of issue
11.1 At the time the permit to travel is issued or received, it must be checked to ensure that it is for the required journey. If possible, any apparent errors should be drawn to the attention of our staff as soon as possible.
12. Check the correct Safari and the correct stop
12.1 The passenger is responsible for making sure that he / she joins the correct Safari and that he / she gets on and off at the correct stop. We will not be responsible for any loss or delay caused as a result of the passenger joining the wrong Safari or getting on or off at the wrong stop, unless such loss or delay is due to our negligence or the negligence of our staff or agents.
13. Making sure of enough time to catch the Safari
13.1 The passenger must allow at least 20 minutes (or other minimum period which we may specify), in order to catch a Safari. If the passenger turns up after this minimum period, he / she may not be allowed to board the Safari.
14. Making sure of a valid passport when travelling outside the country in which the journey began
14.1 The passenger is also responsible for ensuring that he / she is in possession of a valid passport or other valid travel documents when travelling, and that he / she has obtained all necessary visas or other immigration documents needed for all countries through which the journey passes. If the passenger attempts to travel without a valid passport or other necessary travel documents he / she may not be allowed to board the Safari.
15. Keep the permit to travel ready to show or hand over
15.1 Permit to travels must be shown or handed over upon request to a member of staff or the staff of another operator on which those permit to travels are valid.
16. If the permit to travel is defaced or damaged
16.1 Any permit to travel that has become spoiled, or has been tampered with or altered in any way is not valid for travel. The holder must return it and we may issue a replacement permit to travel on payment of an administrative charge. However, we reserve the right to refuse to issue a replacement permit to travel where it is reasonable for us to do so.
17. If the permit to travel is lost, stolen or mislaid
17.1 The safekeeping of the permit to travel is the passenger's responsibility. We do not undertake to issue duplicate permit to travels to replace lost, stolen or mislaid permit to travels (or portions of permit to travels), nor will we make refunds in respect of the value of such permit to travels or of fares charged because of failure to produce a permit to travel when required.
E. REFUNDS AND CANCELLATIONS
18. Refunds and Cancellations
18.1 If the Client cancels the proposed reservation between confirmation and 56 days before departure, then the confirmation deposit will be levied as cancellation fee, unless LRBC stipulates otherwise during the booking process.
18.2 Full payment of the balance is due 56 days before departure, or on invoice if departure date is less than 56 days from invoice, or as stipulated by LRBC during the booking process. If the Client cancels the proposed charter or reservation between 55 days and the date of departure, then a fee of 100% of the Safari charter or reservation and other costs (including catering) will be levied, unless LRBC stipulates otherwise during the booking process.
18.3 Compensation in the form of ex-gratia payments and / or other compensation may be made, under certain circumstances and at the entire discretion of the Company, as covered in paragraphs 20 and 21 below.
F. SAFARI SERVICE DISRUPTION
19. Exclusion of Liability
19.1 Subject to paragraphs 20 and 21 below, we will not accept liability for loss caused by delay and or cancellation of any Safari, by the provided timetable of a rail authority, by any missed connection or by the closure of any route due to any circumstances not within our control that affect our services or those of connecting operators. We will not, in any circumstances, accept liability for any consequential loss or costs that may arise from delay and/or cancellation of any Safari, the missing of any connection, or the closure of any route (for whatever reason).
20.1 Where delays, cancellations or poor service occur for reasons within our control, we may give ex-gratia payments or other compensation, taking each case on its merits and at our discretion.
21. Alternative Arrangements
21.1 If disruption caused by circumstances within our control leaves the passenger stranded short of his / her destination, we will, if we reasonably can, get the passenger to his / her destination by:
21.1.1 Carrying the passenger on another Safari on which space is available, and/or assign the passenger another place; or
21.1.2 Reroute the passenger by air, sea or road transportation to the destination shown on the passenger's permit to travel, at no additional cost to the passenger.
22.1 For the purposes of paragraphs 20 and 21 above, circumstances that are within our control include the acts or omissions of our staff or agents, but do not include any industrial action they take. Circumstances that are not within our control include:
* Acts or threatened acts of vandalism or terrorism;
* Suicides or accidents involving trespassers or passengers;
* Motor vehicles striking bridges;
* Gas leaks, fires or floods not caused by us, our employees or agents or route
closures at the request of the police or emergency services;
* Weather conditions;
* Industrial action, riot, civil commotion or armed conflict;
* Safari or infrastructure failure due to electrical or other defect not caused by us, our
employees or agents;
* Acts of God;
* The acts of any person who is not an agent or employee of ours;
* Government action or that of any other competent authority, or a national emergency.
H. SECURITY AND SAFETY
23. Security Checks
23.1 In the interests of the safety and security of all our passengers, security checks on the passenger and the his / her luggage may be carried out by our staff or agents or the security authorities before the passenger is permitted to board any Safari and / or while the passenger is aboard the Safari. The passenger is responsible for cooperating with our staff and agents and with the security authorities in relation to these checks. By receiving a permit to travel and accepting these Conditions, or other Conditions as set out in the Safaris' own terms and conditions, the passenger consent to such checks being carried out on the passenger and his / her luggage. Any failure to cooperate may result in the passenger being denied access to the Safari or in the passenger being delayed or detained when he / she wishes to leave the Safari. We will not be responsible either in contract or in tort for any loss or damage the passenger may suffer or for the consequences of any delay if the passenger fails to comply with his / her responsibilities under this Condition.
24. Refusal of Access
24.1 Any person who appears to our staff to be under the influence of alcohol or drugs, or whose conduct may be a risk to safety or property or cause delay, or whom we believe is likely to act in a disorderly or offensive manner may be refused access to, or may be required to leave, the Safari.
24.2 For safety reasons, access to Safaris by persons confined to wheelchairs is limited, travelling in special areas if provided. If the passenger is normally confined to a wheelchair but did not declare this at the time of receiving the permit to travels and did not reserve a place in special areas provided, the passenger may be refused access to the Safari.
I. CONDITIONS OF CARRIAGE OF ACCOMPANIED LUGGAGE
ACCEPTANCE OF ACCOMPANIED LUGGAGE
25. Conditions of Acceptance of Luggage
25.1 We and / or the Safari will accept the carriage of luggage subject to:
25.1.1 the conditions contained in this Section;
25.1.2 the conditions specified elsewhere in these Conditions where they apply;
25.1.3 the byelaws and conditions of any other company, body or person if the luggage is
carried by that company, body or person;
25.1.4 prior security screening and/or searching by our staff or agents or security
authorities as deemed necessary.
26. Permitted Quantity of Luggage
26.1 The passenger may carry without charge up to 2 large suitcases or rucksacks plus one small piece of hand luggage (handbag, small rucksack, folding baby's buggy etc.), per person on the journey, provided such articles are easy to carry. If the passenger wishes to carry any additional items we or the Safari may, at discretion, either levy a charge in respect of such excess items or refuse to carry such items. Refer to the Safari's own terms and conditions for further or alternative instructions.
27. Prohibited and Controlled Luggage
27.1 The passenger may not carry any of the following as accompanied luggage on Safaris:
27.1.1 Articles subject to prohibition and restriction and included in Appendix 1;
27.1.2 Articles that are forbidden by Customs authorities or other government agencies.
27.1.3 Items that are large or have sharp edges, which would constitute a safety hazard to other passengers on stops or within the passenger carriage.
27.1.4 Any alcoholic beverage at such times as may be notified by us.
28. Labelling of Luggage
28.1 All the passenger's luggage must be clearly labelled with his / her name, place number (if appropriate and marked on the permit to travel) and destination stop. Conflicting labels should be removed or obliterated. The luggage must remain under the passenger's close control throughout the journey and be available for inspection by the security authorities at all times.
29 Our liabilities
29.1 We will only be liable for loss or damage to luggage or its contents brought on to a Safari where the owner can prove that the loss, damage or delay was caused by neglect or default on our part. We will not in any circumstances accept liability for any consequential loss or costs that may arise from loss or damage to luggage or its contents.
29.2 Where we become liable under these Conditions this liability shall for each individual claim:
* be based on the assessed value of the luggage; and
* be subject to a maximum of £250 per passenger.
30. The passenger's liabilities
30.1 If the passenger brings any luggage on to a Safari the passenger will be responsible for any injury, damage or loss caused by it as a result of his / her failing to take reasonable care of it.
30.2 The passenger must comply fully with any requirements of the security authorities in any
jurisdiction in relation to his / her luggage.
31. Examination and destruction of luggage
31.1 If luggage is left on a Safari, we or the Safari crew have the right to open it and examine the contents before removing it to a secure place. We may, without being liable, remove or destroy any luggage, or its contents, and any other property which might in our opinion present a security risk or cause injury or inconvenience to persons or damage to property.
32. Lost luggage
32.1 Items of luggage which are found on a Safari may not be regarded as belonging to the finder and must be handed over immediately to a member of our staff (or, in the case of money, to the national transport police authorities) for safekeeping.
33. Charges for lost property
33.1 We or the Safari may make a reasonable charge for the return of lost and unclaimed luggage or other lost property to the owner depending upon the type of article and the period during which we have held it before it is claimed. We or the Safari will not be responsible for loss damage or delay resulting from the loss of any article or for loss or damage to any article while it is within our control.
34. Disposal of unclaimed luggage
34.1 All items of lost or unclaimed luggage that have not been claimed by the owner within one month (or other such term as the Safari may stipulate) of being found will be regarded as having been abandoned. They may then be sold or otherwise disposed of and the proceeds of the sale may be retained by the Safari or otherwise dealt with at the Safari's discretion. Perishable articles may be disposed of earlier.
35. Additional conditions for left luggage
35.1 Where left luggage facilities are provided by the Safari, conditions are notified to Clients. Unclaimed left luggage will be dealt with in the same manner as lost luggage, as set out in Condition 34 above.
36.1 No animals are allowed on any Safari for any reason unless by prior written authority of the Safari.
37. Law and Jurisdiction of Courts
37.1 These Conditions will be governed by English law. Any person bringing an action under these Conditions irrevocably submits to the jurisdiction of the English Courts.
38. Authority of our staff or agents
38.1 Our staff or agents have no authority to waive or change these Conditions, or to extend or vary the scope of our liability under these Conditions.
39. Data Protection
39.1 The Train Chartering Company Ltd will retain details provided to us by the Client or Charterer in order to enable permit to travel manifests to be prepared, for future requests for bookings and information to be processed efficiently and to analyse and understand better our customer's requirements. If the passenger believes that we are storing details relating to the passenger and that these are incorrect, he / she should write to Customer Services, The Train Chartering Company Ltd at Benwell House, Preston, Chippenham, SN15 4DX, Wiltshire, UK and we will correct them as soon as possible. This information will be stored in a central database, controlled by our administrative staff and will be accessible electronically. Security measures are in place to ensure that our customers' data are not accessible by any unauthorised person. However, persons such as IT systems suppliers, commercial and marketing partners may need to have access to the system from time to time.
40.1 We reserve the right to amend these conditions at any time.
41. Rights Of Third Parties
41.1 Unless expressly provided in these conditions, none of the terms of our contract with the Client, including these conditions, is enforceable or intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any party or person other than the Client.
42.1 The use of the words "we", "our" and "us" in these Conditions, refers in each case to The Train Chartering Company Ltd, the use of "Client" refers in each case to a client who or which has purchase a permit to travel for the Safari through or from Train Chartering or LRBC and any use of "the passenger" and "the passenger's" refers in each case to any passenger or passengers travelling on the Safari.
43. Other Conditions of Carriage
43.1 We reserve the right to include other terms and conditions as may be contained in other documents relating to the travel on a Safari by a Client.
In all cases, the terms and conditions of the Safari take precedence over those of LRBC, where there is conflict or apparent duplication.
APPENDIX - Prohibited or Restricted Luggage
List of Articles that may not be taken on board Safaris, or may only be taken with special permission as registered luggage, are available on request from Train Chartering.
1) Additionally, passengers may not be allowed to keep certain other articles with them on the journey if there is a reason to suspect the article may be used to commit an act of violence; e.g. imitation, replica or toy guns, ice axes, household cutlery, camping tools, shriek alarms, hypodermic syringes and butane gas canisters (over 2.5 kilos).
2) Registered luggage is luggage which is notified to our staff or agents or those of the Safari as belonging to the passenger and as containing one or more restricted items. Train Chartering or the Safari reserves the right nonetheless to refuse carriage of any item at its entire discretion.
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