Terms & Conditions of World Unite!
1 The Role Of Zenith Tours
The role of Zenith Tours and Travel Ltd, hereafter referred to as Zenith Tours, is to manufacture agency services and itineraries to fit the requirements of our customers. Often we may use reputable independent suppliers for the provision of selected services. Sometimes we will own some of the facilities included in the package. Whatever the case, we accept responsibility for the proper performance of your contract with us subject to the following booking conditions which are the basis of that contract.
Published prices for the services of Zenith Tours are based on costs prevailing at the time of publication of this manual. They are subject to change at any time before your booking is made. We reserve the right to increase or decrease published prices at any time before your booking is made. You will be given the correct current price at the time of booking. Rates include all the expenses as indicated in the published description of each product. Not included are costs for any taxes, visas, Residence Permits, other permits and official documents, gratuities (other than service charges), laundry, and any such personal expenses.
3 Reservations and Payment
Your inquiries through our website form, email or any other means of communication are without any engagement from your side. We will present you the available options and will give you a total cost overview. As soon as you accept this in writing, we will issue an invoice and a binding contract between you and Zenith Tours comes into existence. If payment is not received as instructed, we reserve the right to treat your booking as having been cancelled by you, and apply cancellation charges as set out in paragraph 4 (a) below.
a) By you
Should you need to cancel, you must notify us immediately in writing. The following cancellation conditions and fees apply:
If you cancel more than 3 months before your scheduled starting date, we will offer you to change the date of your stay to a later moment that you can also specify afterwards, at no additional charge. Alternatively you can use all fees already paid for any other product of World Unite! at no additional charge. If you still prefer to cancel your stay, a cancellation fee of 40% of the invoiced amount applies. If you cancel less than 3 months but more than 2 weeks before your scheduled starting date, a cancellation fee of 80% of the invoiced amount applies. If you cancel less than 2 weeks before your scheduled starting date, if you don't show up, if you decide to finish your stay earlier than proposed, or if you decide not to use certain services after they have been invoiced, the cancellation fee will be 100% of the invoiced amount.
b) By us
Although it rarely happens and we shall do our utmost to avoid doing so, we must reserve the right to cancel arrangements. If this should happen, other than due to your default in payment, we will offer the choice of an alternative arrangement (and paying or receiving a refund in respect of any price difference) or receiving a full refund of all monies paid. If we are forced to curtail an offering after departure due to circumstances amounting to force majeure as descibed in paragraph 6, we regret we cannot make any refunds or pay any compensation or be responsible for any costs or expenses incurred by you as a result.
We reserve the right to make changes to brochure details and travel arrangements both before and after your bookings are made. Most changes will be minor. If we have to make significant changes, you will be notified at the earliest opportunity. In such cases, you will have the option of accepting the changes, or booking alternative arrangements (and paying or receiving a refund in respect of any price difference), or cancelling your travel and receiving an immediate and full refund of all monies paid.
6 Force Majeure
‘Force Majeure’ means those circumstances where the performance of our contract with you is prevented or affected by reason of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, governmental decisions and action and all similar events beyond our control. In these circumstances, we will not be liable to pay any compensation or otherwise be responsible for any expenses or losses you might incur where we are forced to cancel, delay, curtail or change your arrangements in any way or where the performance or prompt performance of our contractual obligations is prevented or affected.
We do our best to arrange all required services in time and as described. Regarding the arrangement of Residence Permits and other official documents, we will not accept liability should the issuance be delayed, declined or otherwise affected by Government and other authority decisions, as this is part of 'Force Majeure'. In such case we will do our best to assist finding alternative solutions.
We accept responsibility should the services which we are contractually obliged to provide prove deficient or not of a reasonable standard, including where this is due to acts defaults of our employees, agents, subcontractors except when these result in death, personal injury, illness, which is dealt with below.
We have to point out that living, travel and work standards in many countries are below the standards of the countries where our participants come from, and that it is part of the concept of World Unite! to place individuals into these realities which differ from those of a typical tourist who is staying in hotels and visis tourist sites only. In case of any difficulties related to your accommodation with local families or shared apartments/houses, or with your placement, we expect our participants to inform us immediately and to give us the possibility to find a solution. We are not to be held liable and we cannot accept any claims for refunds, should you not inform us in such case or should you not give us the possibility to find a solution within a reasonable time.
b) Death, injury or illness
We accept responsibility should you or any member of your party suffer death, injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or subcontractors providing at the time they were acting within the course of their employment except where the failure to perform or improper performance was due to
• their own acts and/or omissions or
• those of a third party not connected with the provision of the travel arrangements and which were unforeseeable or unavoidable or
• an event which either ourselves or the supplier of the services in question could not have foreseen or forestalled even with all due care
It is however a condition of accepting liability that you notify us in writing within 28 days of the return from the tour and, where payment is made, that you will assign to Zenith Tours or our insurer any rights you may have to pursue any third party to the claim and provide us with your full cooperation.
Please note that in respect of air, sea, rail carriers and hotelkeepers, our liability is limited as if we were the carriers/hotelkeepers within the appropriate international conventions. Please note further, that all transport is provided subject to the relevant carriers conditions of carriage some of which may limit or exclude their liability to you, often in accordance with international conventions.
Please note that our responsibility and obligations apply only in respect of those services which we agree to arrange or provide. We cannot be liable for any services which you arrange on your own. We cannot, for instance, accept liability if for whatever reason, a client is not at the correct departure point at the correct time and as a result misses the departure.
No arrangements are made by us concerning the provision of International flights. Therefore, all outward and homebound flights should be read in relation to the services which we have been contracted to provide, and not any flight or any other arrangements which may have been added on.
Should a problem occur, please advise Zenith Tours immediately and the supplier of the service in question, most problems can be resolved straight away. In the unlikely event that the client remains unsatisfied, please write to us setting out the complaint in detail within 28 days of the end of the service. We regret we cannot accept responsibility for any complaints which are not notified entirely in accordance with this clause.
10 Visa and Health requirements
We provide extensive information about visa and health requirements, but we do not accept liability for clients who are inadequately prepared. You are advised to check the local visa entry requirements for the country to be visited with the applicable consulate or embassy. Health and visa requirements may be needed for some regions of the country to be visited. Please seek the advise of your local health authority prior to your departure.
11 Risks, Insurance and Liability
Travelling in undeveloped areas may inevitably give rise to some risks and dangers including, inter alia, those inherent in travelling by boat, train, road, vehicles, aircraft or other means, the forces of nature, political unrest, accident or illness in remote areas without means of rapid evacuation or medical facilities. We do not undertake to provide medical care and our standard terms and conditions exclude liability for the adequacy of any care that may be provided. You are therefore most strongly advised to take any adequate insurance against such risks.
12 Severability clause
If any article, section or provision of these terms and conditions is found to be invalid, the remainder of them shall continue in full force and effect. Any terms and conditions which are null or void, are in this case to be understood such that their intended purpose is still fulfilled as far as possible.
13 Applicable law and place of jurisdiction
These terms and conditions shall be construed, enforced and performed in accordance with the laws of Tanzania without reference to principles of conflicts of laws. The place of jurisdiction is Zanzibar. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the courts of Zanzibar, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Zenith Tours makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction.
If you have any questions, do not hesitate to contact us by e-mail.