Terms & Conditions

Itineraries, holidays and services provided are subject to the “Terms & Conditions” of Sojourn Inc., d/b/a Sojourn Explorers (“The Company” or “us”), as described here. It is imperative that these are read carefully and fully understood before booking. Changes to these “Terms & Conditions” can be only be made, in writing, by one of “The Company’s” authorized senior officers.

1. Contract
   When a booking is made with the “The Company”, either through an intermediary Agent or direct, a contract is entered into with the “The Company”,
2. Reservations & Payment
   1. A 25% deposit is required on booking, unless otherwise specified in writing by “The Company”. A booking shall only be considered confirmed by us on receipt of the 25% deposit or required amount. The deposit is due within 14 days of making the booking and there shall be no binding contract until the deposit has been paid. Failure to remit the deposit on time will result in automatic change of status from provisionally held/confirmed to provisional-only (possibly entailing subsequent wait-listing or even inability to reinstate the booking when the deposit is finally received).
   2. The balance of payment is due no later than 45 calendar days prior to first day of service . Failure to receive the balance by that date shall automatically cancel the booking. Any refund then due from deposit monies held shall be at our discretion, subject to a penalty fee of US$200 per client.
   3. “Day of Service Provision” shall mean midnight/midnight on the stipulated date of service provision.
   4. Any booking made within 45 days of first providing services shall be accepted provided:
      1. space is available
      2. payment is received
      3. Documents, if required, are delivered prior to departure.
      4. Each client contributes towards a nonprofit: a charitable donation will be made in the client’s name. The client can choose from one of “The Company’s” nonprofit partners. “The Company” receives as payment for a client’s individual trip. All monies are paid through Crowdrise. This contribution will directly go to a legally recognized 501c3 organization or foundation.
   5. “The Company” shall not be responsible for wire transfer charges or any charges in relation to the transfer of funds, and “The Company” shall not be responsible for any charges related to non-sufficient funds.
   6. Money paid by clients to a Travel or other Booking Agent shall not be deemed received by “The Company” (and no liability shall be incurred) until written notification has been received by the Travel/Booking Agent from “The Company” that such monies have been received.
3. Cancellation Charges & Refunds
   1. Any cancellation must be made to “The Company’s” US booking office in writing. A telephone call should be made to check that notice of cancellation has been received.
   2. Cancellation charges shall apply as follows:
      1. 90+ days prior to departure 25% non-refundable deposit is forfeited.
      2. 89 – 60 days prior to departure 50% of tour price is forfeited.
      3. 59-31 days prior to departure 75% of tour price is forfeited.
      4. Within 30 days prior to departure 100% of the tour price is forfeited.
   3. Cancellation charges shall apply on a full board rate, plus excursions and any other activities as booked.
   4. Cancellation charges shall be levied on other products booked through “The Company” in accordance with the terms & conditions of the provider of the other product.
   5. In the event of a “no show”, the booking shall be treated as cancelled and cancellation charges shall apply per 3.2.c above.
   6. In the event of a cancelled booking being reinstated by the client with the written consent of “The Company”, such shall be subject to space availability and the cancellation fees shall be waived, less a US$200 per person handling fee.
   7. Any request to change or amend a booking once confirmed shall be accommodated if at all possible, subject to space availability.
   8. No refunds shall be given:
      1. For lost travel time or necessary substitution of facilities, especially by virtue of force majeure.
      2. for itineraries necessarily amended after departure, especially by virtue of force majeure.
      3. for circumstances beyond “The Company’s” control which necessitate alternative arrangements being made to ensure safety and/or further participation or enjoyment.
      4. if the client does not appear for any accommodation, service or excursion without notifying “The Company” in writing.
      5. if the client leaves for any reason after the holiday or safari has begun.
   9. Group Bookings: Should one or more pax cancel within a group booking, then the normal schedule of cancellation charges shall apply (see 3.2 above) subject to: Any refund paid to the person/those not able to travel shall be calculated so as not to incur any resulting surcharges for those member/s of the party still traveling (unless “The Company” is notified in writing that such surcharge is acceptable to all remaining travelers in the group).
4. Travel Agent and Trade Bookings: Travel agent and trade-related bookings, if booked at discount (whatever such discount may be) are subject to a 100% cancellation charge once confirmed.
5. Force Majeure: See below.
6. Changes/Cancellation by “The Company”
   1. “The Company” must unfortunately reserve the right to make changes, where unavoidable, to itineraries, holidays and services both before and after a booking is confirmed.
   2. It is essential to understand that local conditions are not always predictable and border closures, poor road conditions and other occurrences can and do from time to time cause delays, frustrations and diversions from the planned itinerary, etc… Should such occurrence occur, before or during the holiday,
      “The Company” shall use reasonable efforts to minimize inconvenience but:
      1. In the event of a “significant change”, example: where the destination has been changed, the client shall be advised as soon as possible and, if pre-departure, given the option – in the case of “The Company’s” own products – of accepting the changed arrangements (with balance payment due to “The Company” if more expensive, or refund due to the client if less expensive) or canceling the booking and receiving a refund of 85% of all payments made at the time of
         cancellation, subject to a minimum of US$200 handling fee per client. (In the case of refunds from third party accommodation or services, these shall be subject to the terms and conditions of the third party service provider)
      2. If a “significant change” occurs during your itinerary/holiday/service, “The Company” shall do its utmost to provide alternative arrangements with balance payment due to “The Company” if more expensive than the original arrangements, or refund due to the client if less expensive. In the event this is not acceptable to the client (such acceptance not to be unreasonably withheld)
         “The Company” shall refund the balance of monies remaining unused from the portions of the itinerary which pertain to “The Company’s” own products (less transfers to the departure point) subject to a cancellation fee of US$250 per person. (In the case of refunds from third party accommodation or services, these shall be subject to the terms and conditions of the third party service or accommodation provider but “The Company” shall use commercially reasonable efforts to obtain suitable refund on the client’s behalf).
      3. “The Company” has the right to make a “minor change” to an itinerary, holiday or service (for instance where daily scheduling is affected), before or during a holiday without notice.
   3. Accommodation: see below.
   4. “The Company” reserves the right to accept or reject any person in connection with any itinerary, holiday and/or service, to expel any person from such activity(ies), and to cancel any itinerary, holiday and/or service. If “The Company” cancels an itinerary, holiday or service (for reason other than client’s failure to pay) then the client shall be given the option of purchasing another itinerary, holiday or service (with any cost difference either to be paid or refunded) or receiving a full refund of all monies paid at the date of cancellation.
   5. Some itineraries, such as set departures, operate subject to a minimum number of bookings. “The Company” shall be entitled to cancel your booking and the related holiday excursion in the event it determines that there are not enough total number of bookings for that particular holiday excursion.
7. Force Majeure:
   1. In the event of a situation/occurrence of Force Majeure (meaning any circumstance beyond “The Company’s” reasonable control, including but not limited to acts of God, explosion, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, requisition, sickness, quarantine, government intervention, weather or other untoward occurrence), “The Company” shall immediately notify the client of the nature and extent thereof but shall not be in breach of these terms & conditions or liable in any way (including for example, by way of delay or non-performance of any of “The Company’s” obligations) to the extent that such is due to any force majeure.
   2. In circumstances of force majeure, “The Company” shall have the right to vary or cancel any itinerary, holiday or service. Refund, if due, shall be at the discretion of “The Company” although all reasonable efforts shall be used to reimburse the client wherever possible, less reasonable costs. If, under circumstance of force majeure “The Company”, after due deliberation, deems the itinerary, holiday or service to be able to proceed then no refund shall be payable.
8. Transportation
   1. Only safari-prepared 4 wheel drive vehicles are used on safari. “The Company” reserves the right to employ the services of sub-contractors. Highly trained and experienced driver/guides are provided. No vehicle may be driven by a client at any time.
   2. Carriage (by land, sea and air) is subject to the terms and conditions of the carrier and to International Conventions, rules and regulations, some of which limit liability. Land, sea and air travel are also subject to operational decisions of carriers and ports, which may result in cancellation, delays or diversions over which “The Company” has no control and for which “The Company” can accept no liability whatsoever.
9. Accommodation
   1. Accommodation is normally quoted based on two persons sharing a twin room or tent. Single occupancy may attract a supplemental single occupancy charge. Hotels, Lodge and camps are named as an indication of category and, while “The Company” shall endeavor to actually use the named establishment, rooms may be reserved at similar establishments without liability or refund.
   2. Published prices are based on tariffs and other costs prevailing at the time of printing and are subject to change without notice.
10. Cost Inclusions/Exclusions
    1. Inclusions: The price of ground arrangements includes:
       1. All current taxes, accommodation, meals, park fees, excursions, transfers and use of a safari prepared 4-wheel drive (with driver/guide) as specified only. CHECK INDIVIDUAL ITINERARY DESCRIPTIONS
    2. Exclusions: Normally excluded from the price of ground arrangements, unless otherwise specified, are:
       1. Airport departure taxes, visas, inoculations, insurance, gratuities (tips), laundry*, alcoholic and non-alcoholic beverages*, items of a personal nature.
          * Included on some itineraries, either for the full itinerary or part of same. CHECK INDIVIDUAL ITINERARY DESCRIPTIONS.
    3. “The Company”, while endeavoring not so to do, must reserve the right to make surcharges when these are unavoidable, for instance, due to currency fluctuations or revisions of local taxation. Such surcharge will be notified in writing and must be paid within 14 days of notification, making due allowance for normal postal delivery. Non-payment may be construed as an act of cancellation and subject to these terms & conditions.
11. For Clients Information
    1. “The Company” and its agents act as a booking agent in all matters relating to hotel and lodge accommodation, tours, airlines/charters, bus companies, ground transportation, boat owners and other independent contractors providing accommodation, transportation and/or other services, each of which is an independent third party outside “The Company’s” control and each of which has its own terms and conditions. As such, “The Company” shall not be liable for injury, delays, loss or damage of any kind or in any manner.
    2. “The Company’s” liability to passengers carried in its own vehicles is governed by the laws of the country in which the tour takes place and no other country.
    3. All claims are subject to the jurisdiction of the courts located in Los Angeles, California
    4. “The Company” reserves the right to employ sub-contractors for all or part of its services; in the event of such right the terms of this clause apply.
    5. “The Company” cannot be held responsible for loss or damage to baggage.
    6. As provided for elsewhere in these terms and conditions, “The Company” reserves the right to cancel any itinerary, holiday or service or any part of it, to make such alterations in the itinerary as deemed necessary or desirable, to refuse to accept or to retain as a member of any program any person at any time and to pass on to program members any expenditure occasioned by delays or events beyond “The Company’s” In case of any appreciable variation in costs, right is reserved to adjust rates.
12. Health & Risks
    1. Yellow Fever and Cholera vaccinations are mandatory in many African countries. Other inoculations, such as Tetanus, Polio, Typhoid Meningitis and Hepatitis may also be recommended. Advice should be sought from a reputable travel clinic or medical practice in good time before departure responsibility lies solely with the client.
    2. There is a risk of malaria in many African countries, prophylactics are recommended. Advice should be sought from a reputable travel clinic or medical practice in good time before departure – responsibility lies solely with the client.
    3. Client’s attention is drawn to the fact that there are certain risks inherent in participating in the type of itinerary, holiday and service provided by “The Company” (i.e. the location and the adventurous nature of some activities). “The Company” shall not be liable for illness, injury or death sustained on an itinerary, holiday or service sold by it which is not due to gross negligence of “The Company”, Mountain Climbs: Client’s attention is drawn to the fact that climbing mountains, especially above normal altitudes that prevail in client’s county/locality of origin, is inherently dangerous. Proper medical advice should be sought in good time before booking.
13. Release/limitations of liabilities
    1. By participating in an itinerary holiday and/or service, client assumes risk of personal injury, loss or damage to him/herself and his/her personal possessions. Client and his or her heirs, assigns, and representatives forever releases “The Company” and its agents, successors, assigns, officers, directors, employees and attorneys (collectively, “Company Parties”) from all direct, indirect, punitive incidentals, special or consequential damages arising from or related to the itinerary, holiday and/or service provided by “The Company”, including but not limited to the economic loss, physical or mental injury, or any act, omission or negligence, even if caused in whole or in part by the negligent conduct of “The Company” or its employees, contractors or agents. If
       “The Company” is unable by law to exclude its liability, client agrees that “The Company’s” liability is limited to the value of the service purchased. Neither “The Company” nor any “Company Parties” own, control or operate any hotel or any air, land or water transportation vehicles or companies of any kind, including without limitation, airplanes, helicopters, boats, rental cars, ground transportation vehicles, transport companies, shuttle services, buses, or local tour companies which may offer excursions or tours. All such entities are owned and operated by independent contractors. “Company Parties” are not responsible for any negligent or willful act, omission or failure to act on the part of any such entity or its employees, or of any other third party beyond its direct control.
14. Insurance
    1. It is a condition of booking that all clients are individually insured, either through “The Company”, their Travel Agent or independently. In the latter cases, “The Company” shall be provided with details of client’s insurance, including 24-hour emergency contact number(s), at the time of booking and it is the client’s responsibility to ensure that the insurer is aware of the destination and the type of activity to be undertaken. Please visit the following page for more info: https://www.globalrescue.com/AdventureInternational/ Insurance should cover, at least:
       • personal accident including death and disability
       • medical expenses
       • repatriation
       • trip curtailment/cancellation
       • loss of personal effects
    2. “The Company” is able to arrange AMREF (Flying Doctor) cover (which it strongly recommends) on behalf of clients and will do so on some itineraries, adding the cost into the price of the holidays, unless instructed otherwise.
    3. Client’s insurance company should always be informed, and proper advice sought, before booking an itinerary which includes trekking or mountain climbing.
15. Travel Documents
    1. It is the client’s responsibility to ensure that all travel documents and vaccinations are current and valid for the journey in question.
    2. “The Company” shall not be responsible for any delay, interruption or cancellation resulting from client’s failure to provide required documentation to immigration or other authorities at any time.
16. Complaints & Disputes
    1. If there is cause for complaint while Client is on holiday, whether with “The Company’s” products or any other product or service for which “The Company” has made booking as an agent, then this must be brought to the attention of the General Manager or his appointee or agent who will do their best to rectify the situation. It is unreasonable to take no action while on holiday and then write a letter of complaint
       upon return; “The Company” cannot accept any liability in relation to any complaint or problem if such is not notified at the time of occurrence. Should the problem remain unresolved by “The Company”, third party contractor or product, a complaint should be made in writing to “The Company’s” US booking office within 7 days of completion of the itinerary, holiday or services provided by “The Company”.
17. Special Requests
    Clients should advise “The Company” of any special request (for example: special diet or on account of physical disability) at the time of enquiry or submitting a reservation. “The Company” will use reasonable efforts to meet such requests wherever possible.
18. Brochures & Information
    All information published by “The Company”, whether as brochure, written material, electronic or otherwise is correct (to the best of “The Company’s” knowledge) at the time of going to press but the right is reserved to change the same. Photographs and information depict typical scenes and detail but the actual subject matter depicted may not be seen or experienced while on holiday.
19. Terms & Conditions
    These terms & conditions govern the relationship between “The Company” and its clients to the total exclusion of any other terms & conditions. No alteration to these terms and conditions may be made by any of “The Company’s” employees, authorized representatives or agents unless in writing by one of “The Company’s” authorized senior officers. All decisions subject to “The Company’s” discretion shall be made by one of “The Company’s” authorized senior officers.
20. Conditions of Bookings
    1. While on holiday, clients are requested to comply with the instructions of “The Company’s” representatives at all times.
    2. Any client who shall be or become, in the opinion of any representative of “The Company”:
       • incapable of caring for him/herself
       • objectionable to others
       • a hazard to him/herself or others

       shall not be permitted to continue on the itinerary, holiday or service provided by “The Company” and, in such event, the booked arrangements may be terminated without any liability on either “The Company’s” behalf or that of the supplier/contractor concerned.

    3. Please remember that booking an itinerary, holiday or service with “The Company” is entering into a binding agreement that assumes all the terms and conditions herein mentioned are fully understood.
    4. The construction, validity and performance of any Agreement, including these terms and conditions, between the client and “The Company” shall be governed by the laws of the United States and the parties submit to the exclusive jurisdiction of the United States courts.
21. Amendment, Modification and Waiver
    This Agreement may not be amended, modified or supplemented except pursuant to an instrument in writing signed by each of the parties hereto, except that any party to this Agreement may waive any obligation owed to such party by another party under this Agreement, provided such waiver is in writing. The waiver by any party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach
22. Severability
    If any provision of this Agreement as applied to any party or to any circumstance shall be found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstance, or the validity or enforceability of this Agreement, and any provision that is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.
23. Choice of Law; Venue
    The construction, validity and performance of any Agreement, including these terms and conditions, between the client and “The Company” shall be governed by the laws of the State of California and the parties submit to the exclusive jurisdiction of the courts located in Los Angeles, California.