Terms & conditions
1. TERMS & CONDITIONS
1. Introduction:
We welcome “you” (the user of this website and/or the lead name on any client booking) to the website of Mahari Travel Ltd (“Mahari”, “we”, “our“ or “us”). Please explore this page to learn about our Terms and Conditions of service and of the usage of our website. Browsing our website and/or entering a business contract with us means you are bound by the following terms and conditions. Please also refer to our Privacy Policy (linked below) which, together with this Terms & Conditions document, will be the governing basis of your usage of our website and services.
Please carefully read all of the information in this document in order to be informed of our rights and obligations to you and your rights and obligations to us. Please be informed that the lead name on a booking is the person liable and responsible for the whole group to abide by these terms & conditions and is the person whom we hold a contract with.
2. Lead name obligations:
As a lead name on a contract with us, this person confirms responsibility of the entire group for any unpaid monies and confirms that they have distributed this Terms & Conditions (“T&C) and Privacy Policy (“PP”) material to each member in the travelling party. Where there is a minor travelling (U18), the lead name must distribute the T&C and PP with a parent or legal guardian.
If you are the lead name on the contract with us and you are not comfortable with the above obligations, we advise that you distribute the responsibility by informing us of this and we may (at our discretion) create separate contracts for individuals or sub-parties going on the same group trip.
Since the lead name on the booking will have financial obligations to us, we require this person to be over the age of 18 years old on the date of contract confirmation.
3. Contract:
Your contract is with Mahari Travel Ltd. Please take note of the following terms and conditions that govern all our communications and bookings. Any contract with us is subject to these terms and conditions, from which no person has the authority to depart. By confirming your booking with us, you acknowledge that you have read, understood, and agree to these terms.
4. Booking Procedure:
Mahari will design a bespoke and hand crafted travel itinerary tailored to your needs. A binding contract is formed between us once we receive any payment (partial or full) for that itinerary. No contract exists until such payment is received.
If booking more than 90 days before your travel date, a minimum deposit of 35% is required at booking confirmation, with the remaining balance due no later than 90 days before departure. For bookings within 90 days of departure, full payment is required at the time of booking confirmation.
Failure to make full payment 90 days prior to departure will result in cancellation of your travel, with cancellation charges applied as outlined in 1.1 of this Terms & Conditions document. The cancellation will occur without penalty to us, and we will bear no further liability.
The lead name on the booking is responsible for full payment on behalf of all persons in the booking party, and all individuals agree to be bound by these terms (including anyone added or substituted later). It is the lead name’s responsibility to ensure all party members are aware of and have read these terms and conditions.
5. Payment Terms:
30% of the booking cost is payable within 14 days of your itinerary proposal, and the booking is not confirmed and is liable to become unavailable until the payment is received. The full balance is due 90 days prior to departure. Failure to pay the balance without written warning to Mahari Travel Ltd, will result in a cancelled booking and the 30% deposit will be non refundable. Failure to pay the balance without providing notice of your intention to postpone or cancel due to unforeseen circumstances at your destination will result in the application of our normal cancellation terms.
6. Cancellation Policy:
You may cancel your booking up to 60 days before departure, subject to our discretion, if unforeseen circumstances in your destination prevent your trip from being able to proceed. In these circumstances, if you cancel, you will receive a credit for future travel; this credit is non-transferable and non-refundable and will be applied as a discount on the new booking cost. All other standard terms and conditions remain applicable. If your departure date is rescheduled or a replacement trip is booked, cancellation terms relevant at that time will apply. If suppliers do not permit rescheduling or refunds, any charges they apply, as well as any costs incurred by Mahari Travel Ltd up to the date of cancellation, will be passed on to you. Any credit for future travel must be used for a new booking within 12 months of issue, and travel must occur within 12 months of the new booking date.
If you cancel your trip, without extenuating circumstances in your destination, you will be refunded the total amount of the booking with some deductions displayed below. Cancellation must be made in writing and is effective from the date of receipt of such notice. Upon cancellation, the deposit and any amendment fees are forfeited. Cancellation charges will be applied as follows (whichever deduction is greater):
(i) the following percentages of the booking costs:
0% cancellation fee: more than 12 months from date of travel
35% cancellation fee: 10 - 12 months from date of travel
50% cancellation fee: 6 - 10 months from date of travel
75% cancellation fee: 3 - 6 months from date of travel
100% cancellation fee: less than 3 months from date of travel
or
(ii) the total costs incurred by Mahari Travel Ltd due to your booking (e.g. accommodation payments)
If your cancellation is covered under your insurance policy, you may be able to reclaim these charges.
7. Postponement:
You may postpone your booking up to 30 days before departure due to unforeseen circumstances at home or in your destination. Standard terms and conditions will apply to the booking, and normal cancellation terms will apply to the new travel date. If suppliers do not allow postponement without charges, we will pass these charges on, as well as any costs incurred by Mahari Travel Ltd as a result of the postponement. We may (at our discretion) waive any postponement fees that have not directly cost us, and you will be given a fully redeemable voucher to use with us within the following 365 days. Any postponement requests within 30 days of travel will be politely declined and will render the monies paid for the booking as forfeited. Standard terms and conditions will apply.
8. Amendments by You:
If you wish to amend your itinerary after paying a deposit (e.g. change dates, route, countries, room grades, room splits, names), we will attempt to the best of our ability to make the requested changes, provided they are notified in writing and prior to 30 days before commencement of the trip. Any change will result in a re-pricing at current rates, and additional deposit or balance payments may be required. Regrettably, a name change constitutes a cancellation and will be subject to cancellation charges as outlined in section section 1.6 of this document.
9. Cancellation by Us:
We may cancel your confirmed booking due to force majeure or if you fail to comply or violate with the terms and conditions set out in this document. We also reserve the right to cancel the booking for any reason before full payment is received.
We are not liable for any disruption, loss, or damage due to force majeure events such as war, civil unrest, terrorist activities, natural disasters, or pandemics. In such cases, refunds will not be issued, but any monies recovered from suppliers will be returned to you.
If we cancel your booking for any reason that is not listed above, you will have one of the following choices:
We will issue you a refund covering all payments you have made to date or
Offer an alternative of comparable standard and compensate you with GBP 50 per person.
10. Amendments by Us:
Changes to your booking are unlikely but may occur.
Minor changes will be communicated at the earliest opportunity and can include changes such as aircraft type, transport schedule being within a 12 hour time from initially quoted, accommodation type upgrade, accommodation type same with room change etc. In an instance where there is a minor change, we will not be held liable in any capacity.
Significant changes may also occur. We will do everything in our power to minimise disruption to you, however in the case that you will not accept the change we offer we will offer you a refund for all monies paid to date. Here are examples of such changes:
More than 12 hour difference in transport schedule (e.g. flight delayed more than 12 hours),
downgraded accommodation standard for a large proportion of your time in travel (only if the accommodation is the main attraction of that part of your tour)
a material change to your itinerary (i.e. missing out a part of the itinerary quoted, such as an accommodation or a location to sleep that night, or an activity) , you may accept the changes or cancel for a full refund, provided the change is not due to force majeure or other conditions outlined.
11. Pricing Itineraries:
The price of your itinerary is based on known costs at the date of issuance. We reserve the right to adjust prices from time to time. Prices include estimated costs for fuel and local taxes. After issuing a Confirmation Invoice, we reserve the right to add a supplement should our costs increase due to changes in dues, taxes, VAT, government action, or airline surcharges. Any such increases will be reflected in an Amendment Invoice.
Should you dispute any charge through your credit/debit card provider, we will impose a fee of $500 per incident and associated costs. We also reserve the right to cancel your booking and/or pursue legal action for outstanding payments.
We reserve the right to amend advertised prices at any time before travel is confirmed. We will notify you of any known errors and the applicable price at the time of booking.
12. Medical Conditions and Disabilities:
If you or any party member have a medical condition or disability that may affect your travel, please inform us before confirming your booking so we can advise on the suitability of the arrangements for their disability and needs. Full details must be provided in writing at the time of booking. If such details are not provided, we reserve the right to cancel your booking in line with the terms outlaid in this document, without penalty to us when we become aware of these conditions.
13. DIETARY REQUIRMENTS:
We take dietary requirements very seriously and try our best to select lodges and partners that can cater to a wide range of dietary needs. This is not always possible and in certain circumstances we will need to make a special request to the accommodation to facilitate dietary requirements. Please make us aware of any travelling members dietary requirements in writing at the time of booking. If someone changes their dietary requirements between booking date and travel date, please inform us in writing immediately. We also offer a 5% discount to travellers who will have fully vegetarian meals during their trip as a good will gesture to promote sustainable living practices.
14. Documentation (Passports, visas, vaccinations):
Please review your confirmation invoice, tickets, and all other documents we send you as soon as you receive them. Contact us immediately if any information is incorrect, as changes may not be possible later. You will be responsible for any costs incurred to correct inaccuracies, except where the error was made by us.
Please ensure all travellers have passport identification that has 6 months validity after the date of the trip’s completion. Failure to do say may inhibit you from flying or crossing borders and may result in us being fined.
Please seek visa advice and ensure you have all the relevant documentation to support your border crossing on travel day. Mahari will not advise or coordinate visas, but we will be happy to direct you to appropriate resources if requested. We will not accept any liability for advice on visas.
Please seek GP advice on what vaccinations you will need for your destinations. Mahari will not advise or have any liability for inadequate protection using vaccinations that you can seek at your local GP (or from GP referral).
The contract between us and the lead name on the booking binds the lead name person to be liable for repaying us any fines due that were caused because of insufficient, incorrect or damaged documentation.
15. Insurance:
Adequate travel insurance is mandatory for all travellers that choose to travel with Mahari Travel. This must fully cover all your personal requirements, including pre-existing medical conditions, cancellation charges, medical expenses, and repatriation in case of accident or illness. Whatever option of travel insurance you choose and if you choose to travel without adequate insurance, we will not be held liable for any issues or losses that would have ordinarily and otherwise been covered by your own travel insurance policy.
16. Limitation of Liability:
Mahari Travel Ltd’s liability is limited to the amount you spent on the trip. We are not liable for losses, damages, or other claims exceeding the amount spent with us. By booking, you accept the inherent risks of adventure travel and release us from liability for any losses arising from our or third parties' negligence during your trip.
We do not accept liability for unforeseen losses or business-related claims. Our responsibilities are limited to providing services as described in your booking confirmation.
17. Responsibilities:
We ensure that your travel is provided as confirmed. However, we are not responsible for any services outside of our contract. Additional activities or excursions are independent of us, and we are not liable for their provision.
You must ensure your travel documents, passports, visas, and vaccinations are in order. Mahari Travel Ltd will not accept liability for missing documents or failure to comply with travel requirements. We emphasise the inherent risks of travel, and by booking, you accept these risks.
18. Dispute resolution:
In the event of a dispute arising out of or in connection with this contract, the parties agree to first attempt to resolve the matter amicably through negotiation. This contract and any issues arising from it are governed by English law. Both parties agree that any dispute, claim, or other matter arising from or related to this contract or your holiday will be resolved exclusively in the Courts of England and Wales. However, if you reside in Scotland or Northern Ireland, you may bring proceedings in the courts of your home country. In such cases, you have the option to have your contract governed by Scottish or Northern Irish law, as applicable. If you do not make this choice, English law will continue to apply.
19. Governing Law:
This contract and any disputes arising from it shall be governed by and construed in accordance with the laws of England and Wales.
20. Waiver of Claim Against Introducer:
If you were referred by another party (e.g., a travel agent), you agree to waive any claims against them, directing any concerns to us in line with this contract.
21. Supplier contracts:
This document outlays all the terms and conditions governing our relationship with you, however it also implicitly includes all the terms and conditions for any of our suppliers that you will be dealing with. Please request more information about individual suppliers’ terms and conditions if needed, otherwise we will assume you have sought these independently and agree to comply with them.
22. issues during your travel:
If issues arise during your travel, please inform the relevant local provider immediately to resolve them. As a secondary priority, please also contact Mahari Travel and share as much detail on the issue as you can so that we can record it and try and resolve it. If unresolved, submit full details in writing to us within 28 days of your return.
23. Miscellaneous:
Purchases made during your trip are at your own risk, including risks related to defects or damage during shipment. You agree that Mahari Travel Ltd may arrange emergency medical services on your behalf if necessary but accepts no responsibility for the quality of these services.
Mahari Travel Ltd and its local operators reserve the right to remove any participant from a trip without refund for unsafe or inconsiderate behaviour.