AFRICAN HORIZONS TERMS AND CONDITIONS

(Terms)

IMPORTANT LEGAL NOTICE: all services (Services) are provided by African Horizons Limited (AHL or Us and items belonging to or associated with Us Our) via Our subcontractors.  As a customer of AHL (You and items belonging to or associated with You Your), Your agreement is with AHL, notwithstanding that our subcontractors may with permission of AHL use their own branding and trading name in connection with any promotion on our behalf.

AHL’s company details are as follows:

Registered office: Les Echelons Court, Les Echelons, St Peter Port, Guernsey GY1 1AR

E-mail address: africanhorizons@outlook.com

THESE TERMS ARE BINDING. Please read these Terms carefully and make sure that You understand them before purchasing any of the Services. If You do not understand any of these Terms You can ask us to explain them further using the e-mail address given above. Your confirmation that You wish to purchase any of the Services indicates Your unconditional agreement that You accept and agree to be bound by the Terms in effect at the time of purchase. We may alter all or any part of these Terms at any time, notwithstanding that any Services You purchase from us shall be subject to the Terms that were in force at the time of confirming Your purchase, pursuant to clause 13.

Nothing in these Terms shall be deemed to affect Your Statutory Rights.

These Terms were last updated on: 8 August 2024

You may wish to print a copy of these Terms for future reference.

GENERAL:

1. AHL is the provider of holiday and leisure activities in various countries within Africa.
2. These Terms shall apply to any and all Services purchased by any means from AHL, trading as African Horizons, including but not limited to purchases from our own websites and social media or by telephone, and purchases from websites or social media of our chosen Subcontractors (defined below).
3. At all times, Your recourse with respect to the Services shall be to AHL.  Our Subcontractors do not have a direct relationship with You at any time, and their provision of the Services to You is carried out as part of an obligation that Subcontractor owes to AHL.

IT IS AGREED as follows:

1. Definitions and Interpretation
   
   1. The definitions and rules of interpretation in this clause apply in these Terms.

1. 1. References to clauses are to the clauses of these Terms.
   2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s successors and permitted assigns.
   3. Unless expressly provided otherwise in these Terms, a reference to writing or written includes e-mail.
   4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
   5. Any obligation not to do something includes an obligation not to allow that thing to be done.
   6. Any words given in the singular shall be deemed to include their use in the plural and vice versa.
   7. Any references to legislation or regulation shall be deemed to include any amendments, any subordinate legislation or rules, and any superseding legislation as may be in force from time to time.
   8. All references to dates and times are to the local date and time in St Peter Port, Guernsey and are given in 24-hour clock in the following format: “0000hrs”.

1. Cause

In exchange for AHL providing the Services, You agree to be bound to these Terms and to pay such cash consideration as notified to You in the Offer and agreed at Acceptance.

1. Offer and Acceptance
   
   1. All communication and promotion of any of the Services and the price of those Services that AHL shall make available to You consists of an invitation to treat and is not a binding offer of Services to You by AHL or any party.
   2. Your placement of an Order with AHL shall likewise be deemed to be a request for an Offer and not in itself constitute an Offer or any intention to be bound in a contractual manner.
   3. In response to an Order, AHL shall make an Offer to You that shall amongst other things include:
      
      1. a description of the Services that AHL shall agree to provide;
      2. a total price for the Services and a payment schedule showing when payments are required to be made, including any Deposit, and a Bill to this effect;
      3. a proposed means for You to make any payment, which shall be by Bank Transfer or Card Payment;
      4. the identity of the relevant Subcontractor that AHL has selected to provide the Services to You on AHL’s behalf; and
      5. these Terms.
   4. An Offer shall be capable of acceptance by You within 5 Business Days of deemed receipt in accordance with clause 18, after which time it shall be deemed to be rescinded.  AHL may in its sole and unfettered discretion agree to extend this time for acceptance but is not bound to do so.
   5. You shall be deemed to have accepted an Offer (Acceptance) only when You have paid and AHL has received payment in cleared funds payment in cleared funds of the Deposit or the full amount shown on the Bill. 
2. Reliance by AHL
   
   1. In the absence of fraud or mistake, AHL shall be entitled to rely on any Acceptance that is given by a person who AHL reasonably believes to be You, an employee or officer of You, or a third party who claims to be a representative of You that can reasonably evidence such a claim.
   2. Where You are a trust, partnership or body corporate, AHL shall not be required to investigate further into the authority of a person to bind You to these Terms or to make an Acceptance.
   3. Nothing in this clause 4 is intended to or shall be deemed to excuse, reduce or avoid any liability for fraud.
3. Performance of the Services
   
   1. You agree that AHL shall arrange for a Subcontractor to provide the Services to You after Acceptance.
   2. AHL shall only be required to provide the Services where payment has been made in full prior to their anticipated performance.  Where You do not pay for any of the Services, save where You have made a Customer Cancellation pursuant to clause 7, AHL reserves the right to take any or all of the following steps:
      
      1. deem the non-payment to be indication of a Customer Cancellation for the specific parts of the Services unpaid;
      2. deem the non-payment to be indication of a Customer Cancellation for the Contract as a whole; or
      3. treat the non-payment as a recoverable debt pursuant to the Contract and seek recovery.
   3. Changes to Services at Your request
      
      1. AHL understands that circumstances do change and that You may wish to change the nature of the Services, which may be by adding further Services, replacing parts of the Services with upgraded or alternative options, changing the dates of any performance of the Services or cancelling part of the Services.
      2. AHL shall endeavour to take commercially reasonable action to implement any changes to the Services that You request, but is not bound to do so.  Changes shall be confirmed by making a new Offer to You, which shall at the point of Acceptance either:
         
         1. replace the Contract entirely;
         2. supplement the Contract as an additional Contract; or
         3. amend the Contract.
      3. AHL may charge a fee for making any changes to the Services requested by You.
      4. Changes to the Services may be requested via AHL directly.  AHL may, in its sole discretion, authorise a Subcontractor to request changes to the Service on Your behalf where You give specific instructions to them that this is Your request. 
      5. You agree to indemnify AHL for any costs, damages or losses suffered as a result of any change to the Services made under this clause 5.3.
      6. This clause 5.3 is distinct from any Customer Cancellation pursuant to clause 7.
   4. Changes to the Services by AHL
      
      1. AHL may change the Services due to a Force Majeure Event, pursuant to clause 15.
      2. Should AHL change the Services, You will be refunded any amount of cash that You have paid in excess of the value of the altered Services.
      3. You do not have to accept any changes to Services. You may instead elect to enforce Your rights to a discount, refund or cancellation (which shall be deemed to be an AHL Cancellation for the purposes of clause 7) pursuant to the Fair Trading Law.
4. Payments
   
   1. You agree to pay any Bill within the time specified on it, and in any event prior to AHL providing or arranging to provide any Services to You or such person as You procure said Services for.
   2. You have the right to withdraw from negotiations or refuse an Offer at any time prior to Acceptance without any fee or penalty.  However, should You refuse an Offer and later seek a further Offer for the same Services, AHL may list a different price in the further Offer that may be higher than the original Offer.
5. Your obligations
   
   1. 1. You shall ensure that you arrive on location and on time for the scheduled Services.
      2. You agree that You are solely responsible for any and all ancillary or enabling matters not expressly set out in our Offer, including without limitation the obtaining of passports, visas, immigration control documents,
      3. You agree to behave in a reasonable and responsible manner to other people that you encounter in connection with the Services.
      4. You must advise us prior to Acceptance of any medical condition or disability of any nature (including any allergies) that You or Your Party are affected by so that we can try to confirm that any of the Services can accommodate such medical conditions or disabilities. You agree to provide (or in the case of Your Party, procure the provision of) any medical form, letter or other evidence of fitness to participate in the Services that AHL or any Subcontractor may request.
      5. You shall be responsible for all immunisation, prophylaxis or other medical countermeasures that You or Your Party require to benefit from the Services or that any relevant travel guidance advises you to take. You agree that neither AHL nor any Subcontractor shall be responsible for any travel health or other health issue relating to You or Your Party.
      6. You agree to abide by any check-in and check out times, assembly times, dress requirements (including protective equipment), equipment packing requirements or other administrative instructions given to You by Us or any of our Subcontractors and shall procure that Your Party shall abide by the same.
      7. You are responsible for seeking out and complying with any travel advice issued by, amongst others, the Foreign, Commonwealth and Development Office of the United Kingdom.  AHL may choose but shall not under any circumstances be required to monitor any travel advice or guidance or provide any recommendations as to any advice or guidance issued by any governmental body, organization or any other entity than itself.
      8. You agree that You and Your Party shall procure sufficient insurance cover including but not limited to medical treatment, travel arrangements, personal property and third party liability as You deem reasonably to be required.  Neither AHL nor any Subcontractor shall be concerned to provide any advice or recommendations nor shall the same be under any obligation to confirm the existence or adequacy of effective insurance cover for You or any member of Your Party.  To the extend that AHL or any Subcontractor does provide details of any insurance product, broker, agent or insurer to You, You accept that this is not a promotion, recommendation or endorsement of any kind, and that neither AHL nor its Subcontractors have any special, professional or other particular knowledge of any insurance product.
6. Cancellation
   
   1. You may cancel any Contract in accordance with these Terms (Contractual Cancellation) or in accordance with applicable law, such as but not limited to the Fair Trading Law (Statutory Cancellation) (in each case, a Customer Cancellation).
   2. To effect a Customer Cancellation, You must expressly communicate to AHL that You wish to cancel all or part of Your Contract, via e-mail to the address shown at the top of these Terms, telephone call or any messaging service used by You to make a booking.  AHL shall be responsible for informing the Subcontractor of any Customer Cancellation.
   3. AHL may cancel any Contract due to:
      
      1. a Force Majeure Event preventing performance in accordance with clause 15;
      2. in accordance with clause 8.6 (Customer Fault Cancellation); or
      3. in accordance with clause 8.7 (AHL Cancellation).
   4. Statutory Cancellation

AHL shall honour any Statutory Rights relating to implied terms of cancellation of contracts or “cooling off” for such period as specified in the relevant legislation.  During this period, any cancellation of the whole of a Contract shall be for the whole sum of any fees paid shall be reimbursed minus any reasonable costs already incurred by AHL that cannot be recovered, including but not limited to any of the Services which are arranged with a Subcontractor that cannot be cancelled or are not resold.

1. 1. Contractual Cancellation
      
      1. You may cancel all or part of any Contract outside of the relevant period or reasons required for a Statutory Cancellation. 
      2. You accept that by making a Contractual Cancellation and being unable to rely on a Statutory Cancellation You are not entitled to any refund or reimbursement other than that as set out in the Cancellation Policy.
      3. This clause 8.5 is not intended to overrule any Statutory Rights that You may have to other remedies at any time.  In the event of a discrepancy between these Terms and any applicable law, Your Statutory Rights shall take precedence.
   2. Customer Fault Cancellation
      
      1. Subject to your Statutory Rights, AHL may in its sole discretion cancel all or any part of the Services without refund or discount to you where:
         
         1. You miss any flight, check in or other booking required to receive the Services at the agreed location and time, subject to any Force Majeure Event causing this absence or delay;
         2. a Subcontractor deems that You or Your Party’s participation in or receipt of any of the Services poses a safety risk to Your Party or others by reasons of conduct, attitude, health or as a result of intoxication;
         3. You or Your Party breach any Subcontractor’s terms and conditions;
         4. You or Your Party damage or harm, whether by intention, recklessness or accident, equipment that is vital to Your Party’s continued participation in and enjoyment of the Services, such as but not limited to damage to safety equipment, vehicles or harm to animals;
      2. AHL may cancel any Contract at any time and withhold indefinitely any sums paid to it where AHL reasonably believes that such payment would be in contravention of any international law, sanction or criminal law, or would incur any civil liability to any other person should such payment be made.   
   3. AHL Cancellation
      
      1. Where AHL cancels any of the Services due to its own fault or error, AHL shall notify You as soon as reasonably practicable and attempt to offer an alternative to the Services.  Where this alternative is a cheaper Service, AHL shall offer to reimburse You for the difference in costs.
      2. You are not bound to accept any alternative offered by AHL and shall be entitled to a full reimbursement of the payments made by You that are attributable to that Service.  Where that Service comprises the majority or the sole purpose of the Services provided, you shall be entitled to a reimbursement of all amounts paid in settlement of any Bill for the Contract.
2. Indemnity and Waiver
   
   1. You agree to indemnify AHL and any Subcontractors for any loss or damage (including any costs of repair, replacement, re-registration or in the case of animals and livestock veterinary or therapeutic treatment) caused by You or such other persons who accompany You and/or who benefit from Your entry into any Contract (other than employees of AHL and its subcontractors).  You agree to pay such sums as may be owed pursuant to this clause 9.1 without undue delay, reduction or set-off.
   2. Neither AHL nor any Subcontractor shall be held responsible for any indirect or consequential loss or damage (including any loss of opportunity or diminution in value) suffered by You and whether flowing from any breach of these Terms by AHL or its Subcontractors or otherwise.
   3. You agree to indemnify and hold harmless AHL, its employees, agents, Subcontractors, connected persons, and any employee, agent, director, partner or controller of the foregoing from any loss, damage or other liability whatsoever resulting from or connected to Your receipt of the Services, to the fullest extent permissible in accordance with applicable law.  This clause 9.3 does not interfere with your Statutory Rights and is subject to any applicable criminal law or any applicable regulation.
3. Data processing

You agree that AHL may share Your personal data with its Subcontractors or third parties or permit its Subcontractors to share Your personal data with third parties for the purposes of providing the Services to You and Your Party or to comply with any rule of law or regulation applicable to AHL its Subcontractors such as but not limited to that which exists for anti-money laundering or immigration control purposes.  You further agree that AHL and/or its Subcontractors may disclose such personal information to governmental, law enforcement, immigration, customs and regulatory bodies, as reasonably required, such disclosure and processing being subject to and in accordance with Data Protection Law.

1. Assignment

You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of Your rights and obligations under this Agreement without the express permission of AHL.

1. Entire Agreement
   
   1. These Terms and any Contract of which these Terms form part and all information and statements provided by You to Us in requesting the Services constitute the entire agreement between You and Us and supersede and extinguishes all previous discussions, correspondence, negotiations, drafts, agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the Services.
   2. You acknowledge and agree that You do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Offer itself. You agree that You shall not have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
2. Variation and Waiver
   
   1. AHL may vary these Terms and/or the Cancellation Policy at any time.  You shall only be bound to these Terms as they were written and in force at Acceptance, unless You:
      
      1. request a new Offer pursuant to clause 5.3, in which case the Terms in force at the time of this new Offer being accepted shall be deemed to replace the Terms at Acceptance; or
      2. submit a Customer Cancellation in accordance with clause 8.5 for part of the Services, in which case the Terms as they exist at the point of Customer Cancellation shall be deemed to replace the Terms at Acceptance for those Services that have not been cancelled.
   2. No failure or delay by Us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
3. Third Party Rights

These Terms are not intended to benefit any third parties and shall not be deemed to be enforceable at the insistence of any third parties unless expressly stated otherwise.

1. Force Majeure
   
   1. Subject to clause 15.2 below, neither AHL nor You, provided that the provisions of clauses 3 and 6 have been complied with where applicable, shall be in breach of these Terms or liable for any failure or delay in performance of any obligations under any Contract arising from or attributable to acts, events, omissions or accidents beyond that person’s reasonable control (Force Majeure Event), including but not limited to any of the following:
      
      1. acts of God, flood, earthquake, windstorm or other natural disaster;
      2. epidemic or pandemic;
      3. terrorist attack, civil war, civil commotion or riots;
      4. nuclear, chemical or biological contamination or sonic boom;
      5. any law or governmental order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;
      6. fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the Party seeking to rely on this clause or companies in the same group as such Party) or accidental damage;
      7. adverse weather conditions preventing safe conduct of the Services;
      8. interruption or failure of utility service, including but not limited to electric power, gas or water;
      9. strike, industrial action, supply failure or safety concerns resulting in flights, ships or other transport necessary to attend the performance of the Services being cancelled;
      10. the UK Foreign Office or another governmental agency advising or cautioning against travel to the geographical location in which the Services shall be performed; and/or
      11. collapse of building structures, failure of plant machinery, machinery, computers or vehicles.
   2. In order to rely upon a Force Majeure Event, AHL or You must:
      
      1. promptly notify the other of the nature and extent of the Force Majeure Event causing its failure or delay in performance;
      2. take precautions which, having regard to all the matters known before the Force Majeure Event, You or AHL (as applicable) ought reasonably to take to avoid the Force Majeure Event; and
      3. use all commercially reasonable endeavours to mitigate the effect of the Force Majeure Event to carry out the obligations under any Contract in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
   3. Where a Force Majeure Event occurs, AHL shall suspend performance of the Contract and You and AHL shall agree that one of the following shall be performed in full and final settlement of the Contract:
      
      1. AHL shall arrange for performance of the Services at a later date, with such amendments as AHL and You may reasonably agree;
      2. the full cash value of the monies paid against the Contract shall be credited as full or partial consideration by You in respect of any future Contract with AHL; or
      3. a refund of the monies paid minus a deduction for costs actually incurred by AHL that cannot be recovered by other means shall be made to You using the same payment method used by You to pay AHL, unless another payment method is expressly agreed.
2. Severance
   
   1. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the remainder of these Terms shall not be affected.
   2. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
3. Set-Off

AHL may at any time set off any liability owed to You against any liability that You in turn owe to AHL, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under any Contract.  If the liabilities to be set off are expressed in different currencies, AHL may convert either liability at a market rate of exchange for the purpose of set-off.  Any exercise by AHL of its rights under this clause 17 shall not limit or affect any other rights or remedies available to it under these Terms or otherwise.

1. Notices
   
   1. Any notice or communication shall be deemed to have been received:
      
      1. at the time of termination of any telephone call;
      2. on signature of any delivery receipt;
      3. or if sent by e-mail or any other electronic messaging service, at 0900hrs on the next Business Day after transmission; or
      4. at 0900hrs on the fifth Business Day after posting, or at the time recorded by any delivery service where this is earlier.
   2. This clause 18 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
2. No Partnership or Agency

Nothing in these Terms is intended to, or shall be deemed to, constitute AHL the agent of You or another party.

1. Electronic Signature

By submitting any Acceptance by electronic means, You acknowledge and grant consent for any Contract to be agreed electronically.

1. Governing Law and Jurisdiction
   
   1. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with any Contract or these Terms or their subject matter or formation shall be governed by and construed in accordance with the laws of Guernsey.
   2. You irrevocably agree that the courts of Guernsey shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with any Contract or these Terms or its subject matter or formation.

1. 1.
   Cancellation Policy

For the purposes of this Cancellation Policy, all times measured in calendar days and exclude the date that a specific Service is to be provided.

Where bookings are made at short notice and a Customer Cancellation is made in accordance with the Terms, the amount of any reimbursement shown shall be deemed to refer to the total price agreed for each Service at Acceptance.  Where the sums paid on a partial payment of any Contract are less than the amount to be retained pursuant to this Cancellation Policy, AHL may retain the whole sum paid.

Sums retained after reimbursement are paid towards AHL’s losses in the event of a cancellation in respect of bookings and arrangements made with Subcontractors.

1. 1. 1. Waiver of any cancellation fees
         
         1. 1. AHL shall endeavour to reimburse and shall charge no fee, penalty or other costs it incurs that have not been already paid for Services where You cancel any part of the Services or a Contract in its entirety prior to 60 calendar days before the first of the Services are to be performed.
            2. AHL may in its sole and unfettered discretion waive all or part of any cancellation fees or other withholding where You are unable to receive or participate in any Services for reasons outside of your control and You request that those same or similar Services are instead performed at a later date.
      2. Full refund of specific Services

AHL shall endeavour to reimburse and shall charge no fee, penalty or other costs it incurs for:

1. 1. 1. 1. 1. Chartered flights, where these are cancelled at least 7 calendar days prior to the departure date of the flight; or
            2. Transfers by road, where these are cancelled at least 12 hours prior to the time of departure.
      2. Partial refunds

This section is subject to sections 1 and 2 above.  AHL shall endeavour to reimburse fees for services cancelled with 59 or fewer calendar days’ notice in accordance with the proportions given in this section.

1. 1. 1. 1. Accommodation

The level or reimbursement specifically attributable to accommodation shall be based on the number of calendar days’ notice, as follows:

1. 1. 1. 80% reimbursement within 59-45 calendar days of proposed occupation;
      2. 50% reimbursement within 44-30 calendar days of proposed occupation; or
      3. 0% reimbursement within 29 or fewer days of proposed occupation.
         
         1. Accommodate & Activities

The level or reimbursement specifically attributable to activities and excursions shall be based on the number of calendar days’ notice, as follows:

1. 1. 1. 80% reimbursement within 59-45 calendar days of proposed performance or departure on any excursion;
      2. 50% reimbursement within 44-30 calendar days of proposed performance or departure on any excursion; or
      3. 0% reimbursement within 29 or fewer days of proposed performance or departure on any excursion.
         
         1. Road transfers

Road transfers cancelled within 12 hours of the departure time shall be reimbursed at 50% of the cost specifically attributable to this Service.

1. 1. 1. 1. Chartered flights

No reimbursement shall be paid where flights chartered by Us are cancelled with 6 or fewer calendar days’ notice of the date of departure.