terms of use

Terms of Use

Terms of Use

1. Contract, Prices & Validity

All bookings are made with Zagas Explorer. By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice. Prices are on per person share basis and based on costs and exchange rates applicable when published. Zagas Explorer reserve the right to adjust prices whether or not you have made full payment. We generally only amend prices in the event of material fluctuations in exchange rates and other operating costs on which prices are based.

2. Application

The following terms and conditions ("Terms and Conditions") are the standard terms and conditions in terms of which Zagas Explorer provides tour operator and related services. All holidays and tours arranged, and services provided by Zagas Explorer will be subject to these Terms and Conditions unless otherwise agreed in writing.
This contract may only be varied in writing by a duly authorized officer or manager of Zagas Explorer.
All persons (natural and juristic) making a booking with Zagas Explorer in respect of any of the holidays or tours arranged by Zagas Explorer (Travel Organizers) warrant that:
  • 1. they have read, understood and accepted these terms and conditions;
  • 2. they have the necessary authority to make such booking on behalf of each individual named by them in such booking as intending to participate in any of the holidays or tours arranged by Zagas Explorer ("Traveler"); and
  • 3. each Traveller has read, understood and accepted these Terms and Conditions and the details contained in the Trip Dossier (as may be amended from time to time) prior to the date on which such booking is submitted to Zagas Explorer.

3. Health, Age, Fitness and Participation

It is the traveller responsibility to ensure that all precautions are taken and medical advice has been sought prior to departure. Malaria is a fact of life in certain parts of Africa. It is essential that in discussions with your medical that you mention where you will be traveling to. Some countries also require a certificate of vaccination against certain diseases. More information can be obtained from embassies and advisers of infectious diseases. See our Health & Safety resources.
Travellers undertake that they have:
  • 1. Made themselves aware of and accept the potential hazards related to travel, including injury, disease, loss or damage to property, inconvenience and discomfort; and
  • 2. Satisfied themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour.
Unless otherwise agreed by Zagas Explorer, no unaccompanied minors (under 18 years of age) may participate in any tours. Minors aged between 2-17 years may accompany their parents on tours designated as family holidays, city breaks or villa holidays, and teenagers of 14 years or older may be allowed to join group tours provided they are accompanied by a parent or guardian who accepts full responsibility for them. The minimum age for children on family adventures is 10 years old and family volunteer tours, 10 years.

4. Illness or Disability

Any Traveller suffering from an illness or disability or undergoing treatment for any physical or medical condition shall declare the true nature of such condition at the time of booking to Zagas Explorer Travel and Safaris Ltd and shall make arrangements for the provision of any medication or other treatment which may be required during the holiday. Failure to make such disclosure will constitute a breach of these booking conditions and may result in the Traveller being excluded from the tour in which case all monies paid will be forfeited. Travellers affected by any condition, medical or otherwise, that might affect their or other people's enjoyment of the holiday, must advise Zagas Explorer Travel and Safaris Ltd at the time of booking.

5. Authority of the Leader and Traveller Behavior

On a professionally guided tour it is necessary that Travellers abide by the authority of the tour leader appointed by Zagas Explorer. If a Traveller commits any illegal act when on the holiday or if in the reasonable opinion of the leader behaves in a manner that causes or is likely to cause danger, distress or annoyance to other Travellers on the Tour, Zagas Explorer may terminate such Traveller's travel arrangements without any liability on Zagas Explorer part.

6. Booking Procedures, Deposits & Payment

A contract is only made between you and us upon your booking being confirmed and accepted by us and our communication thereof to either you or your travel agent. Any deposit taken by us or agreed to by you prior to booking confirmation in respect of individual travellers or groups does create a contract between us.

Travellers are required to pay Zagas Explorer a minimum non-refundable deposit of 10% of the tour fare to secure their booking, unless otherwise agreed in writing. Regional flights and air tickets must be paid for in full.

Zagas Explorer will thereafter send each Traveller a receipt and booking confirmation, as well as any flight tickets paid for. No booking is accepted and no contract exists between Travellers and Zagas Explorer until the date shown on the booking confirmation. If Zagas Explorer rejects a booking, Zagas Explorer shall return the deposit.

Once a booking has been confirmed, Zagas Explorer will invoice Travellers for the balance of the tour fare, which in the case of bookings made more than 60 days prior to the commencement of the tour, must be paid not later than 60 calendar days prior to the commencement of the tour. Failure to pay the balance of the cost at this time will entitle Zagas Explorer to terminate the booking and the traveller to forfeit the deposit.

Bookings made less than 60 days prior to the commencement of the tour must be paid for in full within 7 days of booking confirmation provided that should such payment date fall after departure, payment must be made at least one day prior to departure. Failure to pay the balance of the cost at this time will entitle Zagas Explorer to terminate the booking and the traveler to forfeit the deposit.

Bookings made over the telephone will not be accepted until Zagas Explorer has received written confirmation that all Travellers have read and understood these Terms and Conditions and the details contained in the Trip Dossier (as may be amended from time to time). If this confirmation is not received within 10 days of the booking being made over the telephone, the booking will be cancelled in accordance with the cancellation clause, and the booking will be released for re-sale.

If any Travellers choose to modify their tour arrangements after the commencement of the tour e.g. change accommodation or the duration of their stay, the Company can accept no liability for any loss or additional expense incurred and no refund will be made.

Financial Protection - Once you make payment to us, your money goes into a clients' trust account and is utilized only for your tour. You can rest assured that in the extremely unlikely event of anything happening, we will take reasonable steps and endeavour to recover deposits lodged with suppliers. It is important to note that this financial protection is not travel insurance. You will have to make sure that you are appropriately covered against cancellation fees and curtailment costs in case of medical reasons preventing you from travelling.

7. Tour Dossiers, Itineraries & Trip Notes

A general indication is provided in Zagas Explorer website and published information of the itinerary for each holiday, the type of accommodation used, what is included in the price, passport and visa requirements, and health formalities. For most holidays Zagas Explorer publishes detailed Trip Dossiers which contain the up-to-date definitive information about the holiday, and which will be sent on request or can be downloaded from our website.
The information and conditions relating to a holiday (and extensions/options where applicable) contained in the Trip Dossiers will be deemed to be part of the contract, and Travellers should therefore read them carefully. Should there be a discrepancy between the information on the website and the Trip Dossier, the information in the Trip Dossier supersedes that in the website and will be considered the most up-to-date and accurate.

Trip Dossiers may change from time to time and it is Travellers' responsibility to ensure that they obtain the most recent version of the dossier before travel.

Any information or advice provided by Zagas Explorer Travel and Safaris Ltd on matters such as accommodation descriptions, permits, visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith but without liability on the part of Zagas Explorer Travel and Safaris Ltd.

It is the responsibility of Travellers to ensure that they have all the necessary travel documentation required for the holiday.

We cannot guarantee that any item or amenity mentioned will be available especially where we have no direct control over it.

8. Changes to Itinerary

The whole philosophy of Zagas Explorer tours and this type of travel is one which allows alternatives and a substantial degree of on-trip flexibility. The outline itineraries given for each holiday must therefore be taken as a guideline of what each group should accomplish, and not as a contractual obligation on the part of Zagas Explorer.
Driving distances and travel times given are approximate, and will depend on circumstances such as road conditions, departure time, specific transport utilized and other circumstances.
We constantly strive to improve our tours and itineraries. If such improvements can be made or unforeseen circumstances force a change, we reserve the right to change itineraries and to substitute accommodation.

Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. It is a fundamental condition of joining any Zagas Explorer holiday that Travellers accept this flexibility, and acknowledge that delays and alterations and their results, such as inconvenience, discomfort, or disappointment, are possible.

When changes in an itinerary are required Zagas Explorer will endeavour to provide suitable alternative arrangements which may involve additional expense.

If it is not possible for Zagas Explorer to make suitable alternative arrangements, Zagas Explorer shall refund Travellers on a pro-rata basis for Zagas Explorer Travel and Safaris Ltd services not utilized. For third party services not utilized, Zagas Explorer shall refund Travellers on a pro-rata basis to the extent that Zagas Explorer is able to recover such funds from third party service providers.

Where Travellers choose not to partake in the alternative arrangements offered, Zagas Explorer shall refund Travellers on a pro-rata basis for Zagas Explorer services not utilized. For third party services not utilized, Zagas Explorer shall refund Travellers on a pro-rata basis to the extent that Zagas Explorer is able to recover such funds from third party service providers. Furthermore Zagas Explorer will assist where possible in arranging transport to the end point of the tour, however Travellers may be asked to cover the costs of this transport.

Should any Traveller be entitled to a refund for any reason whatsoever, no interest or costs will be due on any monies paid in relation to such a refund. No such refund shall exceed the price paid to Zagas Explorer for unutilized services.

In general if Travellers choose not to participate in a part of a tour itinerary, no refund will be offered for services not utilized.

9. Transferring or changing a booking

If Travellers are prevented from travelling on the tour Travellers may transfer their booking to another person provided they meet all the requirements relating to that holiday. A transfer fee of, USD50, is payable, or USD75 if the transfer is less than 40 days before departure, and additional costs such as airline tickets and permit fees may also be payable.

Travellers may transfer their booking to another tour for a transfer fee of USD50 per person provided this is more than 45 days from departure.

Other changes Travellers require to the original booking must be confirmed in writing by the person who made the original booking and must be accompanied by an administration fee of USD50 per booking in addition to the cost of any extra services required. The only exception to this is accommodation and other extra services, which may be added up to one calendar month before departure without charge. Within one calendar month, these can be added on payment of the administration fee of USD50. Whilst every reasonable effort will be made to accommodate changes and additional requests their availability cannot be guaranteed.

10. Cancellations

Travellers wishing to cancel their confirmed booking must advise Zagas Explorer in writing. Bookings that are cancelled or reduced in numbers of Travellers (hereinafter collectively called a "Cancellation") are subject to the following Cancellation fees (which includes the deposit):
  • More than 60 days prior to arrival:10%
  • 60 days to 45 days prior to arrival: 20%
  • 45 days to 22 days prior to arrival: 40%
  • 21 days to 08 days prior to arrival: 60%
  • 14 days to 07 days prior to arrival: 80%
  • 07 days to Less than 3 days prior to arrival: 100%

The figures expressed are percentage of the total tour price.

Should a Traveller have made a payment to Zagas Explorer of an amount exceeding the relevant Cancellation fee, the excess amount shall be refunded by Zagas Explorer to such Traveller.

Should Travellers wish to reduce their length of stay Travellers must notify Zagas Explorer in writing. Bookings that are reduced in length of stay are subject to the above Cancellation fees.

Where Travellers cancel their bookings more than 60 days before departure, they may transfer their deposit to another holiday in Zagas Explorer Travel and Safaris Ltd current program (provided such Travellers are not already booked on it) on payment of a transfer fee of USD50 subject to such Travellers notifying Zagas Explorer in writing within two weeks of their cancellation, indicating which holiday they wish to transfer to. If the holiday that Travellers intend to transfer to is more expensive than the one they originally booked, an additional deposit shall be required.

These dates refer to the date Zagas Explorer receives written notification of Cancellation and Cancellation fees will be applied as shown above, calculated from the day written notification is received by Zagas Explorer. It is all Travellers' responsibility to ensure that notification is received by Zagas Explorer. Verbal notification of an intention to cancel is not sufficient. Issued travel insurance premiums and existing admin fees are not refunded. Travellers are strongly advised to take out insurance against irrecoverable cancellation costs. In addition, airlines may impose 100% cancellation charges and the cost of a new ticket.

11. Cancellation or Change of Holiday by Zagas Explorer

Zagas Explorer will inform Travellers as soon as possible if, through no fault of their own, it is forced to significantly alter or cancel their holiday. A 'significant change' for example is a change of more than 24 hours (12 hours for holidays of 10 days' duration or less) in departure or return timings or other such change to itinerary and services that would reasonably be considered significant. In these circumstances Travellers can choose one of the following options:
  • Cancel their holiday and receive a full refund; or
  • Accept a substitute holiday if Zagas Explorer is able to offer them one. If the substitute holiday is of lesser value, Zagas Explorer will refund Travellers the difference.

12. Flight Bookings

Any flight can only be guaranteed when the flight booking has been paid for in full and a ticket has been issued. Flight bookings cannot be transferred. All travel by air is subject to the provisions of the Montreal and Warsaw Conventions; for the purposes of application of those conventions all carriage by air, including domestic carriage, under this contract shall be deemed to be International Carriage by Air. Copies of the conditions of carriage and any conventions which may apply are available on request.

13. Method of Payment

Zagas Explorer shall advise Travellers or their agents of the appropriate method/s of payment in respect of payments arising from these Terms and Conditions.

14. Interest

Interest on any outstanding amounts arising from these terms and conditions shall be charged at the publicly quoted basic rate of interest, compounded monthly in arrears and calculated on a 365 (three hundred and sixty five) day year irrespective of whether or not the year is a leap year, from time to time published by The Central bank of Tanzania as being its prime overdraft rate, as certified by any representative of that bank whose appointment and designation it shall not be necessary to prove.

15. Local Payments

The local payment specified if any, is a portion of the tour cost which must be paid directly to the Tour Leader at the start of each tour. The local payment must be paid in the currency specified in the Trip Dossier (as may be amended from time to time). It is only when the local payment has been paid that the tour price is paid in full.

16. Surcharges & Price Guarantee

Prices advertised are generally based on costs and exchange rates 6 months to a year before advertisement date. Should these costs or rates change it may be necessary to make a surcharge on the price of your holiday. Should the total tour price increase by more than 10% you will have the right to cancel within 7 days of notification without penalty. No surcharge in respect of cost or currency fluctuations will be made once payment of the deposit for a specific tour has been received by us. This guarantee does not extend to the items outline below.

Changes in transportation costs (including the cost of fuel), dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of travel arrangements may change after Travellers have booked. However there will be no change within 30 days of their departure.

Any changes in taxes, entry fees and/or charges that Zagas Explorer Travel and Safaris Ltd collects at net cost on behalf of local and government bodies will be passed on to Travellers in full or refunded to them in full. Zagas Explorer will absorb and Travellers will not be charged for any increase equivalent to 2% or less of the price of their tour fare, which excludes insurance premiums, any taxes, entry fees and/or charges that are collected at net cost on behalf of local and government bodies and any amendment charges. Travellers will be charged for the amount over and above that, plus an administration charge of US$2.00 per person together with an amount to cover agents' commission. If this means that

Should the price of Travellers' travel arrangements go down due to the changes mentioned above, by more than 2% of holiday cost, then any refund due will be paid to such Travellers. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of travel due to contractual and other protection in place.

Price increases and surcharges will be calculated according to the costs and exchange rates obtained at the time of calculation.

17. Conditions of Discounts

Early Booking Discount (5%) is available to any natural person who books a scheduled tour more than 6 calendar months before the departure date.

Repeat Booking Discount (5%) is available to any natural person who has traveled with Zagas Explorer Travel and Safaris since 2008. If a new client books two or more tours at the same time, the discount applies on the second, third, fourth tour and so on.

Group Booking Discount (5%) is available to any natural person who books a group of 6 or more travellers in a single booking.
The listed discounts are not applicable to Tailor-Made or Independent tours.
Discounts apply to published land price only and do not apply to local payments.
Discounts cannot be used in conjunction with any other discount or offer, other than those listed above.
Discounts are non transferable.
Our general booking conditions apply to all discounted tours.

18. Pricing errors and inaccuracies

If there is an obvious error on the website, in the brochures or printed material and/or on the confirmation invoice, Zagas Explorer reserves the right to correct it as soon as Zagas Explorer becomes aware of it, but it will do this within 7 days of issuing the invoice or if a Traveler's departure is within less than 7 days, no later than 24 hours before the Traveler's departure. If any of these changes are not acceptable then Travellers will be entitled to a full refund.

19. Insurance

Travellers must be covered by insurance, which must include adequate cover for medical expenses and the cost of repatriation should they become too ill to continue, including helicopter rescue and air ambulance. If Travellers join the holiday without adequate insurance they may not be allowed to continue on the holiday, with no right of refund.
Travellers are strongly advised to ensure that they have sufficient insurance in respect of dependent relatives. Travellers are required to carry proof of insurance with them and produce it if reasonably requested by Zagas Explorer employees or suppliers.
Any claims concerning matters for which Travellers are insured must be directed to such Travellers' insurers.

20. Lost Baggage and Documents

Where traveller baggage or documents have been lost by a third party carrier or stolen or damaged for some other reason we cannot accept any responsibility for such loss as a result of any act or omission of such third parties. We will give every reasonable assistance in assisting to resolve such issues but reserve the right to charge a discretionary administration fee of between USD50 and USD200 for such assistance. Any additional costs we incur in resolving such issue are for the travellers account and must be settled in full before the end of your tour.

21. Contracting Parties

At any time and at our complete discretion we may nominate any other company or person to have the benefit of some or all of the provisions of this contract, which we may then specify as if you had agreed the provisions concerned directly with that company or person in the first place, as well as agreeing them with us. This is necessary in those circumstances where we make use of third party suppliers which is often normal in the course of our tours. Zagas Explorer is not a hotelier, nor does it have its own aircraft or boats. Zagas Explorer ground handles some of its tours utilizing its own road transport but reserves the right to utilize transport belonging to other companies or persons at its sole discretion where need arises, for whatever reason.

22. Complaints

If Travellers have any complaints about the holiday, they must make it known at the earliest opportunity to the leader and/or Zagas Explorer local representative, who will normally be able to take appropriate action. If Travellers are not satisfied with the response they receive and Travellers feel their enjoyment of the holiday is likely to be significantly affected, Travellers should notify Zagas Explorer head office and Zagas Explorer will do its best to resolve the problem. If at the end of the holiday, Travellers feel their complaint was not properly dealt with, Zagas Explorer Travel and Safaris Ltd shall try and agree a settlement with such Travellers, subject to Travellers notifying Zagas Explorer of their complaint in writing within 35 days of the end of their tour with Zagas Explorer. Any claims made after 35 days will not be considered by us.

Zagas Explorer is responsible to Travellers for the proper performance of its obligations under the contract irrespective of whether those obligations are provided directly by Zagas Explorer Travel and Safaris Ltd, or by third party service providers engaged by it and acting within the proper course of their employment. Zagas Explorer Travel and Safaris Ltd is liable to Travellers for any damage caused to them by its improper performance or failure to perform, any of its obligations arising from these Terms and Conditions, unless that failure is:
  • attributable to Travellers;
  • attributable to a third party unconnected with the provision of the services;
  • due to unusual and unforeseeable circumstances beyond Zagas Explorer Travel and Safaris Ltd control and which could not have been avoided even if all due care had been taken; or
  • due to an event which even with all due care, Zagas Explorer Travel and Safaris Ltd could not foresee or forestall.

23. Limitation of Liability

Zagas Explorer is indemnified and held harmless against any and all claims, losses, damages and/or costs, howsoever caused, arising directly or indirectly from these Terms and Conditions and any tours operated or organized by Zagas Explorer.
Nothing in this Agreement shall operate so as to exclude or in any way limit Travelers' or Zagas Explorer liability for fraud, or for death or personal injury caused by either's negligence or any other liability that may not be excluded or limited as a matter of law.

Except in instances of personal injury or death, where Zagas Explorer is found to be liable for damages in respect of its failure to carry out its obligations arising from these Terms and Conditions, the maximum amount of such damages, compensation and loss of enjoyment will be limited to three times the basic holiday price shown on the invoice.

Where the damages relate to the provision of transport by air, sea or rail, or hotel accommodation, any compensation payable may be limited by the EU Charter of Passengers Rights, the Warsaw Convention as amended by the Hague Protocol (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation), or any such statute or regulation as may from time to time amend or supersede any of the above.

Any independent arrangements that Travellers make which are not part of the holiday are entirely at their own risk. Travellers must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines' conditions of carriage, may apply to Travellers during their flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables.

24. Confidential Information

Confidential Information means information relating to Zagas Explorer and tours offered by Zagas Explorer Travel and Safaris Ltd and which is made available in connection with these Terms and Conditions to Travellers whether before, on or after the commencement of the tour, including any information, analysis or specifications derived from, containing or reflecting such information.
Travellers acknowledge the following in respect the Confidential Information:
  • that the Confidential Information is a proprietary, special, and unique asset to Zagas Explorer;
  • Travellers shall not disclose the Confidential Information to any Third Party for any reason or purpose whatsoever without the prior written consent of Zagas Explorer, save as in accordance with the provisions of these terms and conditions;

Travellers agree that the unauthorized disclosure of the Confidential Information to a Third Party may cause irreparable loss, harm, and damage to Zagas Explorer Travel and Safaris Ltd. Accordingly, Travellers indemnify and hold Zagas Explorer harmless against any loss, action, expense, claim, harm or damage, or whatever nature, suffered or sustained by Zagas Explorer pursuant to a breach by Travellers of the provisions of this Agreement.
The obligations in this clause shall not apply to any Confidential Information that:

  • is known, or is in any Traveler's possession prior to the disclosure thereof by Zagas Explorer;
  • is or becomes publicly known, otherwise than pursuant to a breach of this Agreement by Travellers;
  • is developed independently of Zagas Explorer by Travellers in circumstances that do not amount to a breach of the provisions of this Agreement;
  • is disclosed by Travellers to satisfy an order of court of competent jurisdiction;
  • is disclosed to a Third Party pursuant to the prior written authorization of Zagas Explorer; or
  • is received from a Third Party in circumstances that do not result in a breach of these terms and conditions.

25. Use of images, sound and information by Zagas Explorer

Any likeness, image or voice recording of Travellers secured or taken on any of our group scheduled holidays may be used by Zagas Explorer Travel and Safaris Ltd without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
Privacy - In making the booking Travellers agree that, if necessary, Zagas Explorer may pass their contact details and numbers to any third party connected with the operation of the specific holiday on which Travellers have booked. This information will not be used for any other purpose, nor will it be passed to any other parties.

26. Waivers

The Terms and Conditions and the Trip Dossier (as may be amended from time to time) may only be waived or amended by written mutual consent.

27. Address for written notifications

Zagas Explorer selects info@zagasexplorer.com for the purposes of receiving any written notice provided for or required under these terms and conditions.

Notwithstanding the above, any notice given in writing and actually received by Zagas Explorer will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

28. Applicable Law

These Terms and Conditions will in all respects be governed by and construed under the laws of the Republic of Tanzania and the courts of Republic of Tanzania shall have exclusive jurisdiction over any claim arising or dispute out of these terms and conditions. Any costs awarded will be recoverable on an attorney-and-own-client scale unless the Court specifically determines that such scale shall not apply, in which event the costs will be recoverable in accordance with the High Court tariff, determined on an attorney-and-client scale.