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NOTICES, TERMS AND CONDITIONS
We are Omogolo Travels and we look forward to the opportunity to act as your booking agent for your travel needs. These terms and conditions (the "Agreement") describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer.
The terms "we", "us" and "our" refer to Omogolo Travels. The term "you" refers to the customer visiting our website, booking a reservation through us or otherwise using our services.
Omogolo Travels is a business of Msasa Consult (PTY) LTD, company registration number BW00000856167. The business name is registered under number BN2016/19823. Our tourism licence category D (Travel Agency) is registered under number 2020/TEL/D/022.
Omogolo Travels is located at Omogolo conservancy, Tsau, Ngamiland, Botswana. Postal address: P.O. Box HA 25 HAK, Maun, Botswana.
For each itinerary that is booked by us, the first customer named on the paperwork is known as the ‘Contact Person’. Whilst putting your itinerary together during the sales process, the dialogue will usually take place with the Contact Person. Leading up to and subsequent to an order being placed, it is the Contact Person who is responsible for providing all necessary information to us and for honouring all payments and penalties due on the itinerary.
These terms and conditions refer to a contract made between the Omogolo Travels and the Contact Person. The contract is also referred to herein as the “booking” and the “itinerary”.
Products and Suppliers
Omogolo Travels is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g. accommodations, safaris, meals, activities, car rentals etc.). Each Supplier has its own terms and conditions that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain software and content found on our website are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions. Our website, which is referred throughout this Agreement, can be found at www.omogolotravels.com.
All domestic flight transfers are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You may be charged additional sums by Omogolo Travels to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. As your Booking Agent, we will pass on any such increase to you as we become aware of such increase. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change. Acceptance of these terms and conditions hereby consent you to any post-purchase price increases.
Deposits and Payment
Any deposits from you are subject to our Suppliers’ cancellation policies and refunds will be in accordance with those policies. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive the official invoice from the Supplier. We will advise you of the date that full payment is required. Upon your payment, you are authorizing us to make the payment arrangements with the corresponding Suppliers.
Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.
Cancellations and Changes
As your Booking Agent, we will ensure that you are promptly notified of any significant changes once we are notified of such change by our Supplier(s). We accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or cancelling your booked arrangements and receiving any applicable refunds, according to the Supplier’s cancellation policies.
We do not book international flights. However, if you have booked a flight and we are alerted to a significant schedule change by your airline before your departure, we will contact you by email to advise you of this. It is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
Please ensure that you have given your contact email address to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.
Your Acceptance of these Terms and Conditions
By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
If You Change Your Booking
Where a change requested by you to your travel arrangements is permitted and possible, additional Supplier charges may apply. Please note that all reservation changes are subject to availability and the terms and conditions of the product or service purchased.
Flights must be taken on the dates they appear on your itinerary. If you plan not to take a flight as booked, please contact us as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your booking void.
If You Cancel Your Booking
If you cancel your arrangements, you may be entitled to a partial refund which is described in the cancellation terms and conditions of the Supplier(s).
Refunds will only be paid to you once we have received the funds back from the Supplier(s). We are not responsible for a Supplier’s failure to pay a refund.
If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
If You Have A Complaint
If you have a problem during your holiday, please inform the relevant Supplier (e.g. your lodge) immediately. Should they be unable to resolve the matter, please immediately contact us, either through email or via telephone. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this Agreement. We are a member of the Hospitality and Tourism Association of Botswana (HATAB).
Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately.
Prior to booking your itinerary, we recommend that you review any prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk.
Passport, Visa and Immigration Requirements
It is your responsibility to fulfil the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any of such requirements.
You are also required to carry a valid passport while travelling. Even for domestic flights or chartered (scenic) flights, your passport will need to be presented.
Certain Government Immigration departments (amongst which Botswana) require unabridged certified birth certificates in addition to passports for all parents travelling with their children under 18 years of age. In the event that only one parent is traveling with the child, the other parent’s affidavit consenting to such travel should be availed, if that parent is mentioned on the birth certificate. All documents written in a language other than English must be translated by a certified translator.
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We are able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
We can also buy for you patronage with Okavango Air Rescue. Only for patrons they offer assistance and, if necessary, evacuation by helicopter in case of medical emergencies in Northern Botswana. This patronage will be added complementary to itineraries with an invoice value for accommodation of USD 2,000 or more per person.
Travel Advice and Vaccinations
You should refer to the travel advice posted by your government or the government(s) of all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
Hazardous Materials Disclosure
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radio-pharmaceuticals.
There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information review the information found at ýour airline’s website.
Note that the Civil Aviation Authorities of certain countries, amongst which the Botswana Civil Aviation Authority, have banned the Samsung Galaxy Note 7 on all flights.
Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand.
Without our prior written permission, you may not copy, link or incorporate any portion of our website into any other website.
Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers, directors, employees and agents from and against any claims, causes of action, demands, losses, damages, or other costs, (including reasonable legal and accounting fees) brought by you or third parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any third party, or (c) your use of our website.
You consent to our processing and sharing of personal information about you and other members of your party that you have provided to us for the purposes of making the necessary reservations for your itinerary.
Warranties, Disclaimers and Limitation of Liability
FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO REFER TO OUR AFFILIATES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES THAT OUR WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SUPPLIERS PROVIDING ACCOMMODATION OR OTHER SERVICES ON OUR WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We are acting as an independent contractor and no joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at www.omogolotravels.com to view the most current version of the Agreement. Your continued access or use of our website or services signifies your acceptance of the modifications to the Agreement. You may not assign your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination shall not affect any right to relief to which we are entitled at law or in equity.
Botswana Law will apply to the contract and to any dispute, claim or other matter of any description which arises between us. All parties agree that any dispute, claim or other matter of any description which arises between us must be dealt with under the HATAB or similar arbitration schemes (if such a scheme is available for the claim in question) or by the courts of Botswana only.