By connecting with and accessing services supplied by Cartology Travel Ltd (England registration: 10084134) (“Cartology Travel”), you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”), in conjunction with any additional Cartology Travel terms particularly applicable to you and the Services you utilise.
Please pay special attention to the BOLD paragraphs of the Cartology Travel Terms & Conditions. These paragraphs are limit the risk or liability of Cartology Travel, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Cartology Travel or is an acknowledgement of any fact by you. |
- Please read these terms carefully before accessing or using the Services. Cartology Travel will assume you have read and understood these terms should you continue to access or make use of the Services.
- You further understand and agree that these Terms also contain a release of liability in Cartology Travel’s favour, and that you accept these Terms of your own free will. These Terms are binding on your heirs, dependents, legal representatives and assigns.
It is important to note the following:
- The terms “user“, “you“, “client” and “your” are used interchangeably in these Terms and refer to all persons using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Cartology Travel or its possession.
- Not all terms are necessarily defined in order.
1. INTRODUCTION TO THE SERVICES
1.1 Cartology Travel exists to more memorable moments. With over 30-years of experience in high end luxury travel, we tailor-make itineraries based on our client’s individual needs, desires and dreams. We travel extensively, have excellent relationships with suppliers and use our first-hand experience to carefully curate unique journeys. Working with only selected clients who are either repeat or who have been referred to us, Cartology Travel maintains a high level of service and attention to detail within a niche market.
1.2 We provide bespoke consulting and travel agency services allowing users to contact Cartology Travel to procure their travel and consulting services from Cartology Travel, signing-up for our exciting newsletter, reviewing our travel content page and/or making contact with us generally (collectively, the “Service/s”).
1.3 These Terms explain the conditions applicable to the core provisions applicable to a user’s use of any Services derived from Cartology Travel. Depending on the exact Services used, a user may also need to conclude additional agreements with Cartology Travel, which agreements will contain more specific details and/or conditions relating to the exact Service acquired, including exact services and fees to be expected.
1.4 In return for using some of the Services available, the user may have to pay a fee to Cartology Travel or another third party (“Fee”), but same Fee will be detailed to you Cartology Travel’ Service invoice, before you incur such a Fee, or in any further Service-specific agreement you may conclude with Cartology Travel or another third party. Please contact us for a breakdown of the Fees applicable to your chosen Services.
1.5 These Terms are updated or amended from time to time and will be effective upon Cartology Travel uploading the amended Terms to the Website. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
2. RELATIONSHIP BETWEEN THE PARTIES AND AGENCY
2.1 For all Services provided, Cartology Travel does not have an employment, intermediary, advisory, representative nor broker relationship with any user. Your use of the Services is entirely at your own risk and based on your own volition and expertise.
2.2 Cartology Travel operates as your limited travel agent for some Services procured from Cartology Travel. Accordingly, all law concerning agency will apply between the user and Cartology Travel for Tours facilitated by Cartology Travel on your behalf.
2.2.1. Accordingly, as an agent to a customer, Cartology Travel can/will:
2.2.1.1. Contract with third party operators and suppliers on your behalf to provide their private services to you, in accordance with the specifications of any Tour you have procured via Cartology Travel;
2.2.1.2. Incur envisaged debts on your behalf which you are obligated to refund to Cartology Travel on presentation of a Cartology Travel invoice reflecting such third-party costs for services incurred/enjoyed by you with a third-party service provider;
2.2.1.3. Retain information about any Tours or transactions conducted with you for fulfilling legislated document-retention requirements as an agent; and
2.2.1.4. Act in your stead and bind you to obligations absolutely necessary for your use of the Services and/or Tours, as you have consented to and contracted to allow, herein.
2.3 For clarity:
2.3.1. Cartology Travel offers consulting and travel agency services, where you pay and contract with Cartology Travel for same Tour agency services and for Cartology Travel to organise Tours on your behalf. Cartology Travel is therefore only liable for the agency services it provides as a Tour agency service provider.
2.3.2. Third-party service providers actually offer and provide the Tours themselves, where same third-party service providers are liable for all responsibility stemming from the provision of their Tour services to the user, under the applicable legislation in the third-party service provider’s jurisdiction.
2.3.2.1. Accordingly, your participation in any Tour with a third-party service provider may be subject to your adherence to that third-party’s additional terms and conditions of their services, which they may make you confirm in an additional agreement with them (which may or may not be provided by Cartology Travel to you).
2.3.3. Clients explicitly understand and agree that these Terms may be affected or superseded by terms from Cartology Travel’ third-party independent service providers, should those change and affect the Services (such as applicable Fees, service details and excursion requirements), which the user will automatically adhere to.
3. BOOKING AND PAYMENT PROCEDURE FOR CARTOLOGY TRAVEL SERVICES
3.1 The use of particular Services does attract a Fee to be paid by the user to Cartology Travel for the provision of their Services to the user.
3.2 Cartology Travel will charge the Fee to a user for the ordering and use of a Tour from Cartology Travel.
Booking Procedure:
3.2.1. After consulting between Cartology Travel and the client, and once the client is ready to confirm their booking they must contact Cartology Travel via email and confirm the Tour which they would like to book with Cartology Travel staff (“Booking”), who will also record the user’s relevant contact and other details, in order to initiate the Booking request.
3.2.2. Once Cartology Travel has made the Booking for a user, we will endeavour to hold the Booking on a provisional basis for you for 7 (seven) days to give you time to make a final decision and confirm your final decision with us.
3.2.3. Booking time period allowances may differ from Tour to Tour in the various countries we offer holidays to, but we will indicate to you if the Booking period is less or more than the 7 (seven) days in the context.
3.2.4. Only once we have received a non-refundable deposit of 30% (thirty percent) of the chosen Tour fare Fee or amount specified, will we confirm the exact arrangements associated with the chosen Tour, with you. When we confirm these details to you in writing, then your Booking is confirmed and accepted by us.
3.2.4.1.The reason there is a non-refundable deposit is to pay for fees already incurred on a user’s behalf which Cartology Travel must incur as an advance on your behalf. The deposit is therefore used to recoup these fees lost from any subsequent cancellation.
3.2.5. Clients also understand that a 100% (one hundred percent) prepayment is required for any regional and/or commercial flights, in order to issue flight tickets to you.
3.2.6. Once the Booking is confirmed, we will send you a copy of our pre-excursion information for your holiday. Please ensure that you also take out full travel insurance when the deposit is paid.
3.2.7. Final payment of the Fee (minus the relevant deposit) is due to Cartology Travel no later than 60 (sixty) days prior to the Tour’s planned departure or as specified in the invoice. Only upon receipt of your full Fee payment, will we issue confirmation of your Tour, and issue you with all relevant Tour vouchers required to be used with our Tour service providers.
3.2.8. If the Booking is made with less than 60 (sixty) days prior to the commencement of the Booking Tour, the exact unique Booking requirements will be advised to you accordingly.
3.2.9. PLEASE NOTE FOR FLIGHT COSTS: Please be advised that despite a Booking being confirmed, unless flights are paid for in full when required, the exact Tour Fee remains subject to current Industry and Aviation Fuel Increases, including exchange rate fluctuations. The user will be liable for fuel surcharges unless they have been settled in full.
Payment of the Fee:
3.3. Cartology Travel is committed to providing secure payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service providers.
3.4. Cartology Travel can be paid the Fee by using the following methods, with the following associated conditions:
3.4.1. Credit Card: We accept Visa™, MasterCard™ and American Express™ for payments. The use of a credit card may attract credit card fees, which are for the user’s account. The user will also be subject to any applicable terms and conditions of use and service applied by such payment provider used by the user.
3.4.2. Direct Electronic Fund Transfer: Users can also deposit the Fee amount due via direct deposit/money transfer to our bank account detailed on the Booking invoice provided to you. Any fees associated with the conversion of foreign currencies into Rand amounts, or for the use of payment services, will be for the client’s account.
3.5. All advertised prices for Tours and Fees shall be inclusive of Value Added Tax (“VAT”), delivery charges and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a particular transaction, will be clearly indicated to you on all Cartology Travel’s invoices.
3.6. Users expressly understand and agree that Cartology Travel’s Booking quotations are based on anticipated costs and are subject to change should the anticipated costs increase due to circumstances outside the control of Cartology Travel. We will notify you of any such changes as soon as is reasonably practical.
3.7. Every time a Booking deposit, balance or total Fee is paid to Cartology Travel, Cartology Travel will issue the relevant user with an appropriate invoice reflecting your payment, any outstanding Fee owed, and any further associated conditions applicable to the Fee (if any).
3.8. Any increase in government taxes and/or third-party tour provider’s fees affecting costs included in the Tour price will be passed onto and paid for by the client. Any increase in the Tour price due to a government tax rate hike or institution of a new tax or impost shall not be sufficient grounds for any refund of fees already paid for the Tour, or for the cancellation of a Booking for a Tour.
3.9. You may contact Cartology Travel via email at info@cartologytravel.com to obtain a full record of your transactions with Cartology Travel.
4. ADDITIONAL CONDITIONS APPLICABLE TO PARTICULAR CARTOLOGY TRAVEL SERVICES
4.1. The following are particular conditions, restrictions, rights and/or duties associated with the specific Services we offer.
4.1.1. Purchase Tours from us:
The following terms apply to the purchase of any Tour from Cartology Travel:
4.1.1.1. Conclusion of sale
4.1.1.1.1. Users may place orders for any Booking or Tour with us, which Cartology Travel may accept or reject. Whether or not Cartology Travel accepts an order for a Booking/Tour depends on the availability of the Tour product, correctness of the information relating to the Tour product (including without limitation the price or availability) and receipt of payment or payment authorisation by Cartology Travel for the Tour products.
4.1.1.1.2. NOTE: Cartology Travel will indicate the acceptance of your Tour order by delivering the relevant Tour vouchers to you, and only at that point will an agreement of sale between you and Cartology Travel come into effect (the “Sale”). This is regardless of any communication from Cartology Travel stating that your order or payment has been confirmed. Cartology Travel will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
4.1.1.1.3. Holding a Booking for longer than the regular 7 (seven) day period, without completing the purchase cycle does not constitute a complete order for the Booking, and as such, Tours/Booking requests may be deleted by Cartology Travel if Tours are no longer available or the price thereof might change without notice to you. You cannot hold Cartology Travel liable if such Tour/Booking is not available or is not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
4.1.1.1.4. You acknowledge that the availability of all Tours on offer is limited and that pricing may change at any time without notice to you. Cartology Travel will take all reasonable efforts to monitor availability levels and ensure that when Tours are no longer available, that offers thereof are discontinued on the Website and/or from our advertisement. However, we cannot guarantee the availability of Tours at all times. When a Tour is no longer available after you have made a final Booking, Cartology Travel will notify you and you will be entitled to a full refund of any amount already paid by you for such Tour.
4.1.1.1.5. Cartology Travel shall take all reasonable efforts to accurately reflect the description, availability, composition, dates, purchase price and other associated charges of our Tours on the Website and in our advertisements. However, should there be any errors of whatsoever nature on the Website or in our advertisement (which are not due to our gross negligence nor fraud), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Cancellation and Refunds provision below.
4.1.1.2. Cancellations and Refunds
4.1.1.2.1. Cancellation fees are levied when guests cancel confirmed Booking reservations, on the following basis:
4.1.1.2.1.1. Deposits are non-refundable, other than where Cartology Travel cancels your chosen Service.
4.1.1.2.1.2. If full payment of a Fee has been made, we are held liable to our suppliers’ and providers’ terms and conditions which will then dictate what we can refund to clients and what we cannot, which will be relayed to the client immediately upon Cartology Travel becoming aware of what same rates are. All clients must procure sufficient and comprehensive cancellation and curtailment insurance to cover any unforeseen circumstances such as flight delays, baggage loss or ill health, for which Cartology Travel will not be held liable.
4.1.1.2.2. Once a booked travel excursion/experience has commenced, refunds will not be made at all for tours, meals or other special activities that are missed by the client.
4.1.1.2.3. Should a Booking be cancelled as allowed above, the user will be refunded the amount as indicated in clause 5.1.2.2.1. above.
5. ADDITIONAL AND PARTICULAR CONDITIONS APPLICABLE TO THE TYPES OF TOURS AVAILABLE FROM CARTOLOGY TRAVEL
5.1. Users explicitly agree and understand that Cartology Travel facilitates various types of tour services, many of which have elements of a particular risk or exposure to conditions which may be unique, requiring all users to understand the following (“Unique Conditions”) about the travel and other Services and their unique characteristics:
5.1.1. Unscheduled Extensions
5.1.1.1. Any request to amend or change a Booking once it has been confirmed may be accommodated subject to space availability. In the unlikely event of there being unscheduled alterations to the itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of Cartology Travel, its agents or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc.) will be for the Client’s account.
If you are a “no show,” at the stipulated time of departure of any travel experience, without having given Cartology Travel any notice, Cartology Travel shall be entitled to treat your reservation as completely cancelled and the provisions of cancellations shall apply.
5.1.2. Itinerary Variations & Transfers
5.1.2.1. While every effort is made to keep to all published itineraries, Cartology Travel reserves the right to make changes for the Client’s convenience, (E.g. in some cases, weather conditions can necessitate an alteration in the travel itinerary and this does not constitute any reason for a refund.)
5.1.3. Travel Visas / Inoculations
5.1.3.1. Please consult your medical practitioner for any necessary vaccinations, inoculations or medication prior to travel.
5.1.3.2. Much of Africa is considered malaria risk regions. Please consult your trusted medical advisor with regards to prophylactics. Cartology Travel will not be liable nor refund you any Service Fee should you fail to have any requisite travel visa or inoculation prescribed.
5.1.3.3. Travel visas and immunisation requirements vary from country to country and up-to-date information should be obtained from your local health department and consulate. The risk of not being able to commence or continue with a travel experience as a result of defects or deficiencies in visas or immunization, rests exclusively with the client.
5.1.4. Passports and Travel documentation
5.1.4.1. International visitors require a valid passport together with onward travel documents.
5.1.4.2. All passport holders should verify with their relevant consulate concerning visa entry requirements.
Please ensure that you have all the necessary visas prior to departure (unless available on entry) as Cartology Travel cannot be held liable for any errors.
5.1.4.3. If you are extending your journey to multiple countries, please establish entry requirements for all of those countries.
5.1.4.4. In addition, parents travelling with minors understand and agree that certain countries may require that you provide additional documentation about your child/parentage, which you will adhere to when required.
5.1.5. Flights and Airline Responsibility Clause
5.1.5.1. Please note that in the event of flights being booked by Cartology Travel on behalf of the client, airlines require the full names of passengers as printed on their passports and will not accept changes once tickets are issued.
5.1.5.2. Cartology Travel accepts no responsibility for incorrect passport numbers or incorrect spelling of full names.
5.1.5.3. Please ensure accurate information is sent to your Cartology Travel consultant.
5.1.5.4. Cartology Travel and its staff are not responsible for any airline schedule or airfare changes, cancellations, overbooking or damage or loss of baggage and property to the extent that such items are beyond its control. Any and all claims for any loss or injury suffered on any airline must be made directly with the airline involved and not Cartology Travel.
5.1.5.5. Air schedule changes may necessitate additional nights being added to your booked travel experience. Provided these schedule changes are beyond the control of Cartology Travel, any resulting additional costs must be borne by the client. Cartology Travel cannot be held liable for any delays or additional costs incurred as a result of airlines not running to schedule.
5.1.6. Replacement tour Guides
5.1.6.1. If a private guide is unable to lead a pre-scheduled safari/tour due to illness or any factors beyond our control, Cartology Travel and its operators reserve the right to substitute him/her with another guide.
5.1.7. Medical Information / Liability Release
5.1.7.1. We try to cater for as many people as possible, where should you indeed require personalised travel requirements (for reasons relating to diet or disability or otherwise), please contact us and inform us of your needs as soon as possible to be able to assist you.
5.1.7.2. It is essential that persons with any medical problems and/or related dietary restrictions make them known to us well before departure.
5.1.7.3. The Client understands that their medical treatment and preparation is entirely their own risk and responsibility, including obtaining anti-malaria or other medication information/treatment.
5.1.7.4. Cartology Travel will not be responsible for the accuracy of any medical information. You should consult your doctor or pharmacist for up to date requirements and personal recommendations.
5.1.8. Wild animals and unique risks
5.1.8.1. Please be aware that our safaris and travel experiences may take you into close contact with wild animals which represents a particular risk to clients.
5.1.8.2. Cartology Travel shall not be held responsible for any injury or incident on the safari or on a travel excursion of any kind, whether by virtue of wild animal attack or otherwise.
5.1.8.3. Please note that the majority of the safari camps are not fenced and that wildlife do move freely in and around the camps. Always follow the safety instructions from the camp’s staff with regards to moving to and from your tent and while on game activities throughout your safari.
5.1.8.4. Please be aware that during your participation in a travel experience, certain risks and dangers may arise, including, but not limited to, the hazards of traveling in wild or undeveloped areas, travel by boat, train, automobile, aircraft or other means conveyance, the forces of nature, political unrest, crime, accident or illness in remote regions without means of rapid evacuation or medical facilities. Also be aware and clearly understand that Cartology Travel will not be responsible for the provision of medical care or the adequacy of any care that may be rendered. It is understood that Cartology Travel will use reasonable endeavours to ensure that all adequate measures are taken to avoid such occurrences. By completing a Booking form and/or use of our Services, you are voluntarily participating in these activities with the knowledge of the dangers involved and hereby agree to accept any and all risks.
5.1.9. Not Included in Itinerary
5.1.9.1. The following items are not included in any itinerary or cost structure, unless otherwise stated:
5.1.9.1.1. Insurance to cover for cancellation and curtailment, medical, baggage, money, and emergency evacuation;
5.1.9.1.2. international arrival and departures flights;
5.1.9.1.3. medical insurance/treatment/preparation costs;
5.1.9.1.4. beverages at certain hotels and lodges;
5.1.9.1.5. personal laundry at certain hotels and lodges;
5.1.9.1.6. telephone calls, gratuities to guides and hotel and lodge staff;
5.1.9.1.7. any excursion not related to a booked travel Service;
5.1.9.1.8. petrol for self drive tours; and/or
5.1.9.1.9. additional meals.
5.1.10.Insurance
5.1.10.1. Users must insure themselves against cancellation, medical expenses, personal accident, loss or damage to personal property, and loss or damage to luggage, for which Cartology Travel will not be held liable.
5.1.11. Special Requests
5.1.11.1. You must advise Cartology Travel in writing of any special requests (e.g. diet, facility or physical handicap) when you submit your Booking reservation request to Cartology Travel. Cartology Travel will meet such requests, if possible, where any additional costs for same special request may be for the client’s account.
6. PROCESSING AND PRIVACY OF PERSONAL INFORMATION
6.1. Cartology Travel takes the processing of your personal information very seriously and does so in accordance with the European Union’s General Data Protection Regulation (Directive 2016/679 as amended). Please see Cartology Travel’s Privacy Policy regarding more details on how Cartology Travel uses and processes your personal information.
6.2. By furnishing Cartology Travel with your personal information, you warrant that the person using the Services is you and/or you have the legal authority to act on behalf of a corporate entity.
6.3. Do not provide us with any personal information which is not yours, or which you have no lawful right to provide on another entity’s/person’s behalf.
7. USER RESPONSIBILITIES AND WARRANTIES
7.1. By using the Services, you warrant that:
7.1.1. you have read and agreed to these Terms and the Unique Conditions and will use the Services in accordance with them;
7.1.2. you understand and agree that Cartology Travel is not a regulated financial, advisory, educational, banking nor payments service provider and you take all responsibility for the decisions you make via the Services;
7.1.3. you have not made any misrepresentations and the information provided in a Booking process about you, your company/family and/or your status is true, accurate and complete in every aspect;
7.1.4. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
7.1.5. you lawfully possess and submit all information to Cartology Travel for the use of it or the Services; and/or
7.1.6. you will not facilitate or assist any third party to do any of the above.
7.2. Without prejudice to any of Cartology Travel’ other rights (whether at law or otherwise), Cartology Travel reserves the right to deny you access to the Services where Cartology Travel believes (in its reasonable discretion) that you are in breach of any of these Terms.
8. KYC AND AML REQUIREMENTS
8.1. A user’s ability to make use of particular Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) laws and the respective rules and regulations.
8.2. Cartology Travel may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to Cartology Travel in order for the user to be verified as not infringing any of Cartology Travel’ KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. Cartology Travel reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by Cartology Travel. Cartology Travel also reserves the right to share this information with any legal authority when required under applicable laws.
8.3. Cartology Travel may restrict user transactions that may violate laws or Cartology Travel’ internal KYC or AML conditions herein and as updated from time to time.
8.4. As a minimum and not exhaustive, the following rules are applied:
8.4.1. Cartology Travel may request further information should Cartology Travel not be able to reach you as usually necessary and required;
8.4.2. Cartology Travel may request further information should a client make a payment of a large amount of money to Cartology Travel; and/or
8.4.3. Cartology Travel may request further information should Cartology Travel receive funding from a source which is not pursuant to that source paying according to our mandated processes (such as not after receiving an invoice).
8.5. Further, any USD amounts paid to and received by Cartology Travel in their USD bank account may also be subject to the application of foreign KYC and/or AML laws, such as the US’ Foreign Corrupt Practices Act and/or UK’s Bribery Act, which will require the user to provide further documentation relating to the user and their used USD/foreign currency funds to Cartology Travel. The user warrants that they shall provide all such further KYC and/or AML information to Cartology Travel as and when requested, failing which, the Services may no longer be made available to that user, and further reporting steps may be taken by Cartology Travel to the relevant KYC/AML authorities relating to such failure by the user.
9. DISCLAIMERS AND WARRANTIES
9.1. The Services are provided “as is” and “as available”. Cartology Travel makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of the Services, travel experiences or the information contained in/about it.
9.2. Cartology Travel, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered, including the information about any particular travel experience/offering.
9.3. Cartology Travel, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services in any manner.
9.4. Cartology Travel, its outfitters and/or suppliers of services act only as agents in regard to travel, whether by plane, car or motor coach, and shall incur no liability for injury, damage or loss, for any reason including but not limited to accident, delay, war, insurrection, revolt or other civil uprising, other military action, strikes or any Act of God occurring in either the country of origin, destination or through passage, or for any reason whatsoever, or through the acts or default of any company or persons engaged in conveying the passengers or in carrying out arrangements of a booked travel experience.
9.5. Cartology Travel shall not be liable or responsible for losses or additional expenses due to delay or changes in air schedules or other causes. All such losses or expenses will be the responsibility of the client.
9.6. Cartology Travel reserves the right to make minor adjustments to the itinerary and the right is reserved to cancel any travel experience/offering prior to departure.
9.7. Cartology Travel shall not be responsible for any loss or damage to luggage during a travel programme.
9.8. The content of Cartology Travel’ brochures and other advertising material comprise advertising which changes from time to time and such advertising material does not comprise a representation or warranty as to the experience obtained on any advertised travel offering/experience.
Cartology Travel may, at its discretion and without any liability or cost to itself, at any time cancel or terminate a passenger’s reservation and in particular without limiting the generality of the foregoing it shall be entitled to do so in the event of the illness or the illegal, unlawful or incompatible behaviour of the passenger, who shall in such circumstances not be entitled to any refund.
9.9. Users understand that by participating in a travel experience, they may be subject to dangers and hazards, which could result in illness, injury or death. Users also acknowledge that there are inherent dangers which may arise at any time during a travel experience. Users are specifically familiar with and accept the risk of these dangers and hazards inherent in partaking in any travel experience and are aware that medical services and facilities may not be available while participating in a travel experience. In order to partake in the enjoyment and excitement of a travel experience, users are willing to accept the risks and uncertainties involved as being an integral part of any travel experience.
10. INDEMNITIES
10.1. The user indemnifies and holds harmless Cartology Travel, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Services in any way.
10.2. The user agrees to indemnify, defend and hold Cartology Travel harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
10.3. Users understand that Cartology Travel will contract with independent contractors on this trip, including transportation, travel services and guide services. Users understand and acknowledge that Cartology Travel has no control over and assumes no responsibility for the actions of any independent contractors, and that no independent contractor has authority to make commitments for, or on behalf, of Cartology Travel. As partial consideration for your participation in a travel experience and for Cartology Travel’s undertakings, users agree that neither them, nor any of their heirs, dependents, personal or legal representatives, nor family members will bring suit against Cartology Travel, as a result of any acts or omissions by Cartology Travel or its independent contractors, involved in any travel experience. Users hereby release, indemnify and covenant not to sue Cartology Travel, or its directors, members, agents or employees for any and all claims of whatever kind arising from a user’s participation in a travel experience, including, but not limited to, personal injury, illness, death, damage, or monetary loss, except for such claims arising out of the grossly negligent or fraudulent acts, omissions or misconduct of Cartology Travel, or its directors, members, agents and employees involved with a travel experience.
10.4. This clause will survive termination of this agreement.
11. DISPUTE RESOLUTION AND GOVERNING LAW
11.1. The user’s access and/or use of the Services and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the United Kingdom only.
11.2. Should any dispute, disagreement or claim arise between a user and Cartology Travel concerning the use of the Services, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
11.3. In the event of any dispute, default or disagreement (generically hereinafter referred to as “dispute“) arising between the parties, whether during the continuance of this agreement or upon or after its termination, in respect of, or arising out of this agreement, including, but not limited to its implementation, validity, interpretation, termination, cancellation, or the rights or duties of any party thereunder, such dispute shall be resolved by way of arbitration in the United Kingdom.
12. FORCE MAJEURE
12.1. If Cartology Travel and/or any of its Service operators are prevented from or hindered or delayed in performing any obligation under these Terms by reason of any circumstance beyond its reasonable control (including but not limited to, acts of god, drought, medical pandemics, governmental restraints, strikes, labour disputes (other than strikes or labour disputes by its own staff), war, extreme weather, electrical load-shedding, fire, flood, riot, sabotage and terrorism), it shall be excused performance to the extent affected by the circumstances concerned so long as it shall both give notice to any effected Client, if applicable, of those circumstances promptly after they first affected performance and use all reasonable commercial endeavours to remove or avoid their cause or effect.
13. NOTICES AND SERVICE ADDRESS
13.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
13.1.1. in the case of Cartology Travel, at 17 Dorien Road, London, UK; or
13.1.2. in the case of the user, at the e-mail and addresses provided by the user to Cartology Travel in the Booking confirmation process, or otherwise.
13.2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
13.3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
14. GENERAL
14.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.4 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
14.2. No indulgence, leniency or extension of time granted by Cartology Travel shall constitute a waiver of any of Cartology Travel’ rights under these Terms and, accordingly, Cartology Travel shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
14.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
14.4. The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
14.5. Should you have any complaints or queries, kindly address an email to Cartology Travel at Info@cartologytravel.com.
14.6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Cartology Travel in relation to the payment failure or breach.
14.7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
14.8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 14.8.