The Terms and Conditions form part of your Contract with Bonamy so please read them carefully before you book.

Defined terms, with capital first letters, have the meaning assigned to them in the Defined Terms appendix which is an integral part of the Terms and Conditions.

Making a booking and entering into the Contract

1.1 Before making a booking and entering into the Contract, please take the time to review and check the Contract Documentation and to raise any query with us. By completing the Booking Procedure, you confirm that you have done so and, if you have raised a query, that you have received and understood our reply.

1.2 Unless we otherwise notify you, the Itinerary and the Itinerary Price in the Invoice remain valid for 7 days from the date of the Invoice. If you wish to book your holiday in accordance with the Itinerary and at the Itinerary Price, please complete the Booking Procedure.

1.3 The Contract comes into existence between us only when the Booking Procedure has been completed and all due Payments have been received and cleared by our bank.

1.4 If you pay by credit or debit card and provide your card details to us, you authorise us to charge your card in accordance with the Invoice, the Booking Procedure and the Terms and Conditions.

1.5 When the Deposit has been paid in accordance with the Booking Procedure, you agree to pay to us the Outstanding Balance so that all due Payments have been received and cleared by our bank not later than 12 weeks before the Start of the Holiday failing which we reserve the right to treat the Contract as terminated by you under clause 5.1.

1.6 In the event that we are entitled under clause 1.5 to treat the Contract as terminated by you under clause 5.1, you agree that, in circumstances where you have provided us with your credit or debit card details (whether to make a payment on account or not), we may in the alternative and in our absolute discretion use them to take payment of the Outstanding Balance and treat you as having complied with your obligations under clause 1.5 unless you notify us to the contrary before the date upon which it becomes due in which case we will treat the Contract as having been terminated by you under clause 5.1.

1.7 The lead booking name agrees to make Payments in full on behalf of all persons in the holiday party and to take all such steps as are necessary to inform them (including anyone added or substituted at a later stage) of the Contract Documentation and to procure their agreement to be bound by the Contract. By entering into the Contract, the lead booking name confirms that he or she has complied with this condition and agrees to provide proof if so requested by us.

Medical conditions and disabilities

2.1 We have invited you in our pre-contract information to provide us with details of any medical condition or disability which may affect the arrangements for the holiday or your enjoyment or the enjoyment of any person in your party of the holiday so that we may advise on the suitability or otherwise of the proposed itinerary.

2.2 You agree to provide all relevant details of any and all such conditions and disabilities no later than when you confirm your acceptance in accordance with the Booking Procedure and further agree that, where you are obliged to provide such details, there is no Contract until we confirm that we have reviewed the details and that the holiday is suitable.

2.3 If we are unable properly to accommodate the particular needs of the person concerned, we reserve the right to decline the booking or, if full details are not given at the time of booking, to treat the Contract as terminated by you under clause 5.1.

Documentation, travel arrangements and travel insurance

3. You agree:

(a) to check the Contract Documentation, tickets and all other information we send to you related to your holiday and to notify us immediately if any details or information appear to be incorrect and that you will be responsible for the cost of rectification except where the error is directly attributable to us;

(b) to apply for, and check the accuracy of, all required travel and medical documentation and to ensure that you are at the place of departure in good time to check in and complete formal requirements related to your travel;

(c) that any advice given by us before the entry into effect of the Contract does not, unless expressly included in the Contract, form part of the Contract or constitute a representation upon which you rely in entering into the Contract;

(d)  to take out, and to comply with all terms and conditions relating to, appropriate travel and medical insurance against all costs, losses, damage and inconvenience suffered by you and/or any person in your party caused by or arising from: (i) the cancellation of the holiday by you, (ii) the cancellation or curtailment of the holiday, the cancellation or rescheduling of flights and any other disruption of your travel schedule as a result of Force Majeure, and (iii) illness, medical treatment, hospitalisation and repatriation;

(e) that we are not liable to you in any way for costs, expenses, damage, loss of enjoyment or inconvenience of whatever nature resulting from any failure by you or any person in your party participating in the holiday to comply with the obligations in this clause 3.

Changes to the Contract before the Start of the Holiday

(a) Transfer and requests by you to change the Itinerary

4.1 Before the Start of your Holiday, you may transfer the Contract to a person who satisfies all the conditions applicable to the Contract provided that you notify us not less than 7 working days before the Start of the Holiday and provided also that you pay to us the Transfer Costs.

4.2 If you request a change to your Itinerary after the Deposit has been paid but more than 12 weeks before the Start of the Holiday and subject to payment by you of the Amendment Charges, we will use our best endeavours, but cannot guarantee that it will be possible, to make the change requested. If it is not possible to make the change requested and you do not then wish to proceed with the Itinerary, we will treat the Contract as terminated by you under clause 5.1.

4.3 It is usually not possible to make changes to your Itinerary within 12 weeks of the Start of the Holiday and if, having made such a request and having been informed that it is not possible, you do not then wish to proceed with the Itinerary, we will treat the Contract as terminated by you under clause 5.1.

(b) Insignificant changes to terms of the holiday

4.4 You agree that, once the Contract is in effect, we may change the Itinerary and other details of the holiday  provided that the change or changes is or are insignificant and that we notify you of them.

(c) Significant changes to terms of the holiday

4.5 In the event that, before the Start of the Holiday:

(a) we are constrained by circumstances beyond our control significantly to alter any of the main elements of your holiday included in the Contract, and/or

(b) we cannot fulfil any special requirements which you have and which have been included in the Contract, and/or

(c) a proposed change in the Itinerary Price resulting from Specified Factors in accordance with clause 4.9 is more than 8% of the Itinerary Price,

we will notify you of (i) the circumstances and, as appropriate, their impact on the Itinerary Price, (ii) a reasonable period (which shall not be shorter than 7 days unless the Start of the Holiday is 7 or fewer days from the date of notification) for you to inform us of your decision under clause 4.6 and (iii) any substitute holiday (or part of the holiday) which we are in a position to offer to you and which, if possible, is of at least equivalent quality and the price of such substitute holiday or part.

4.6 In the event that you receive notification from us under clause 4.5 you may, within the period specified by us, inform us that you either (a) accept the changes or (b) terminate the Contract without any obligation to pay the Termination Fee, in which case you may accept a substitute holiday if we have been able to offer one subject to entering into a new contract with us.

4.7 In the event that significant changes to the holiday under clause 4.5 or any substitute holiday (or part) accepted by you under clause 4.6(b) result in a holiday of lower quality or cost, you will be entitled to an appropriate price reduction.

4.8 In the event that the Contract is terminated under (a) or (b) of this clause, we will refund all Payments not later than 14 days after the Refund Calculation Date after deduction of all reasonable administrative costs and bank charges related to such refund:

(a) If you do not notify us of your decision within the reasonable period under clause 4.5, we will send you a reminder requesting you to notify us of your decision within 24 hours of the reminder. Should you still not notify us of your decision within the 24 hours, we may, in our absolute discretion, terminate the Contract by notifying you.

(b) You terminate the Contract under clause 4.6(b) by notifying us and do not accept a substitute holiday (or part).

(d) Changes to the Itinerary Price

4.9 Once the Contract is in effect, specified external factors (relevant travel-related taxes, exchange rates, fuel costs as defined - Specified Factors) may reduce or increase costs reflected in the Itinerary Price. When a reduction which is directly attributable to Specified Factors occurring before the Start of the Holiday exceeds 2% of the Itinerary Price, you are entitled to a reduction in the Itinerary Price corresponding to the cost reduction. Similarly, if Specified Factors occurring before the Start of the Holiday result in an increase exceeding 2%, we may increase the Itinerary Price by a corresponding amount provided that we notify you setting out the reasons together with a calculation at the latest 20 days before the Start of the Holiday.

4.10 Revisions to the Itinerary Price in clause 4.9 are calculated and applied in accordance with the Revision Calculation.

4.11 The provisions of clauses 4.9 and 4.10 apply to each new set of circumstances occurring before the Start of the Holiday which give rise to a reduction or increase exceeding 2% of the Itinerary Price.

Termination of the Contract

5.1 Before the Start of the Holiday, you may give us notice to terminate the Contract and pay the Termination Fee. In the event of such termination, Payments already made are not refundable.

5.2 In the event of Unavoidable and Extraordinary Circumstances occurring at the place of Holiday Destination after the Contract enters into effect which prevent or significantly and adversely affect the carriage of passengers to the destination or the performance of the holiday, you may give us notice before the Start of the Holiday to terminate the Contract with effect from the receipt by us of the notice without paying the Termination Fee.

5.3. In circumstances where either (a) we are prevented from performing the Contract because of Unavoidable and Extraordinary Circumstances or (b) the number of persons enrolled for the holiday is smaller than the minimum number stated in the Contract, we may give you notice within the Applicable Time to terminate the Contact in which case (i) we will refund Payments made under the Contract after the deduction of all reasonable administrative costs and bank charges related to such refund, and (ii) we will not be liable to you or any other person for any compensation.

Travel Services

6.1 The Invoice sets out the Travel Services included in the Contract to be performed by us. We are not responsible for the performance of any travel or other service booked, organised or arranged by you or any third party, for example international or domestic travel to, and any service at, the Holiday Destination irrespective whether any such travel or other service is included, or referred to, in the Itinerary.

6.2 During your holiday, you agree (a) immediately to inform the relevant local organiser (e.g. camp or hotel manager/safari provider) of any issue or question related to or affecting your holiday and (b) if your issue or question cannot be resolved locally, immediately to inform us of any Lack of Conformity unless you are precluded from doing so because of total lack of means of communication in which case you will make every effort, without undue delay, to avail yourself of a means of communication and then immediately to inform us.

6.3 In circumstances where, during the holiday, you experience a difficulty over and above any issues and questions referred to in clause 6.2, we will, upon receiving email or telephone communication from you, provide assistance to the best of our ability including the provision of appropriate information on health services, local authorities and consular support and, if appropriate, making alternative travel arrangements. You agree that, upon request from us, you will immediately reimburse our reasonable costs of providing any such assistance if the difficulty has been caused by you or any person in your party participating in the holiday intentionally or negligently and that you will provide us with all relevant information about the difficulty and its cause to determine whether it has been so caused.

6.4 If any of the Travel Services included in the Contract are not performed in accordance with the Contract, we will seek to remedy the Lack of Conformity within a reasonable period requested by you save when to do so would be impossible or entail disproportionate costs, taking into account the Lack of Conformity and the value of the Travel Services affected.

6.5 In the event that it is not possible to provide a significant proportion of the Travel Services in the Contract, we will seek to offer you, at no extra cost, suitable alternative arrangements of, where possible, equivalent or higher quality or, together with an appropriate price reduction, alternative arrangements which result in a holiday of lower quality. You are entitled to refuse any such alternative arrangements only if either they are not of equivalent quality to those in the Contract or the price reduction for arrangements resulting in a holiday of lower quality is inadequate.

6.6 We are not liable to compensate you for any loss or damage resulting from any Lack of Conformity where it is attributable to: (i) you or any person in your party participating in the holiday, (ii) a third party unconnected with the provision of the Travel Services in the Contract and the Lack of Conformity is unforeseeable or unavoidable or (iii) Unavoidable and Extraordinary Circumstances.

6.7 Without prejudice to the other clauses in the Contract and to the rights and obligations to which they give rise, you agree that we have no liability whatsoever to you, any member of your holiday party or any other third person for damages, compensation, costs and expenses of whatsoever nature in the event that we are prevented from performing our obligations under this Contract by reason of Force Majeure.

6.8 Carriage by air and sea is subject to the terms and conditions of the carriers with whom you are travelling and to international conventions. We accept no liability whatsoever for cancellations, strikes, timetable changes, diversions, technical issues unrelated to us, lost or mislaid luggage, rescheduling costs, missed accommodation, or delays which result from any operational decision of the carrier concerned. We accept no liability for death, injury or illness that derives from carriage by air or sea. Where applicable, in so far as international conventions limit the extent of any compensation or the circumstances under which it is to be paid by a provider of Travel Services included in the Contract, the same limitations and circumstances apply to us.

6.9 In all other cases, any compensation payable by us, excluding for personal injury and damage caused intentionally or by negligence and any liability which by law cannot be limited, is limited to a maximum of three times the Itinerary Price or proportion of it for the person or persons affected.

Insolvency protection

7.1 In accordance with the Regulations, we have put in place appropriate insolvency protection through The Association of Bonded Travel Organisers Trust Limited (ABTOT) of which we are a member (Membership Number 5639).

7.2 ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad.  Please note that bookings made outside the UK are only protected by ABTOT when purchased directly from Bonamy Travel Limited.  In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

7.3 The contact details of ABTOT are:

7^th Floor 69 Leadenhall Street London EC3A 2BG, 020 7065 5311 | www.ABTOT.com

7.4 As a member of ABTOT, we are also able to provide ATOL cover on a case-by-case basis under the ATOL Franchise scheme. Our ATOL number is 11907.

7.5 If we or the suppliers identified in your ATOL certificate or the Itinerary are unable to provide the travel services listed (or a suitable alternative through another ATOL holder, alternative supplier or otherwise) for reasons of insolvency, ABTOT may make a payment to (or confer a benefit on) you under its scheme. You agree that, in return for such a payment or benefit, you assign absolutely to ABTOT any claims which you have or may have arising out of or relating to the non-provision of the travel services, including any claim against us, a travel agent or your credit card issuer as applicable. You also agree that any such claims may be re-assigned to another body if that other body has paid sums you have claimed under the ABTOT ATOL Franchise scheme. For further information please visit the ATOL website at www.atol.org.uk or the ABTOT website https://www.abtot.com/

Amendments

8.1 After the Contract enters into effect, amendments to the Terms and Conditions become effective and binding upon the earlier of (a) notification to you and (b) when such amended Terms and Conditions are attached to the invoice sent to you requesting payment of the Outstanding Balance under clause 1.5, payment by you of the Outstanding Balance. 

8.2 To be valid and form a part of this Contract, any other amendment must be in writing and expressly agreed by both us and you and record the date from which the amendment is to be effective.

Formal Communications

9.1  All Formal Communications under the Contract must be by email unless otherwise agreed.

9.2  In the case of email, the address for Bonamy is the address of the person with whom you are dealing being an address @bonamy.co.uk with copy to safari@bonamy.co.uk and for you the email address which you provide to us for email correspondence.

9.3 If otherwise agreed under clause 9.1, a Formal Communication must be in writing and sent in the manner (registered mail, etc) and to the address for each of us as also agreed.

Governing law and jurisdiction

10. This Contract and any matters arising from it shall be governed by and interpreted in accordance with English law including the Regulations and the courts of England and Wales shall have exclusive jurisdiction to hear any and all proceedings between us either relating to the Contract or arising out of it unless we agree in writing in accordance with clause 8 an alternative forum for dispute resolution including all necessary terms for the appointment of a relevant person or persons to adjudicate, the mandate of such person or persons and the applicable procedure.

Appendix

Defined Terms

In the Contract including the Terms and Conditions, Defined Terms have the meanings assigned to them in this Appendix:

(a)    ABTOT means The Association of Bonded Travel Organisers Trust Limited.

(b)   Applicable Time means (i) in the case of trips lasting more than 6 days, not later than 20 days before the Start of the Holiday, (ii) in the case of trips lasting between 2 and 6 days, not later than 7 days before the Start of the Holiday, and (iii) in the case of trips lasting less than 2 days, not later than 48 hours before the Start of the Holiday.

(c)    Booking Procedure means the following procedure to be completed by you:

(i) confirmation of your acceptance of the Itinerary and the Itinerary Price, and either

(ii) payment of (a) the full costs of all flights and (b) the Deposit in the sum stated in the Invoice, or

(iii) if the Start of the Holiday is within 12 weeks of the date of the Invoice, payment of the Itinerary Price in full

so that, in the case of either (ii) or (iii), our account is credited and funds cleared not later than the earlier of 7 days from the date of the Invoice and 48 hours before the Start of the Holiday.

(d)   Bonamy means Bonamy Travel Limited, trading as ‘Bonamy’ or ‘Bonamy Travel’ (‘Bonamy’, ‘we’, ‘us’, ‘our’, as applicable).

(e)   Contract means your contract with Bonamy,  which incorporates (i) the details of your holiday set out in the Invoice which includes the Itinerary and the Itinerary Price and (ii) the Terms and Conditions which together constitute the entire contract between us and supersede and replace any and all earlier conversations and correspondence between us and are binding on the parties unless and until otherwise agreed in accordance with clause 8.

(f)    Contract Documentation means the Invoice, Itinerary and Terms and Conditions.

(g)    Deposit means the deposit specified in the Invoice which typically will be  25% of the Itinerary Price excluding any flight costs.

(h)   Force Majeure means circumstances beyond our or any supplier’s reasonable control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Without limitation, such situations include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics, fire, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, advice against all but essential travel to the country of destination issued by the FCDO or similar government bodies or agencies in other countries and any other government restrictions on travel.

(i)     Formal Communications means all communications between us leading to and, following its the entry into effect, under the terms of the Contract including without limitation amendments, confirmations, notices, notifications, reminders and requests.

(j)     Holiday Destination means the holiday destination or destinations specified in the Itinerary and its or their immediate vicinity.

(k)   Invoice means the invoice setting out the Itinerary and the Itinerary Price.

(l)     Itinerary means the itinerary for your holiday under the Contract including any correction by us of any inadvertent error and/or update notified to you.

(m)  Itinerary Price means the price of the holiday specified in the Invoice and includes any amounts, charges or other sums which, at the date of the Contract, have not be confirmed but which are for Travel Services to be included in the Contract which themselves have been identified and which have been estimated and which, once confirmed, are notified to you as part of the Contract.

(n)   Lack of Conformity means a failure to perform, or the improper performance of, the Travel Services included in the Contract.

(o)   Outstanding Balance means the balance of the of the Itinerary Price after the deduction of the Deposit (excluding any flight costs) and any other outstanding costs notified to you under the Contract.

(p)   Payments means, as applicable and without limitation save for any voluntary charitable donation, payment by you or on your behalf of the Deposit, Outstanding Balance, Amendment Charges and the price of, and taxes related to, any issued international or domestic airline tickets and any and all other services for which tickets, vouchers or similar have been issued or which have otherwise been confirmed, for example park permits, car and other transport hire, tours.

(q)   Regulations means The Package Travel and Linked Travel Arrangements Regulations 2018 and any statutory amendment or re-enactment of them.

(r)    Revision Calculation means taking the increases or reductions directly relating to the changes in cost which are a direct consequence of Specified Factors and, after adding or deducting our reasonable administrative costs and bank charges directly related to this exercise, adding them to or subtracting them from the Itinerary Price as applicable.

(s)    Refund Calculation Date means the first working day after the giving or receipt by us of notice to terminate the Contract in accordance with its terms.

(t)    Specified Factors means changes to (a) the price of the carriage of passengers resulting from the cost of fuel or other power sources, (b) the level of taxes or fees on the Travel Services included in the Contract imposed by third parties not directly involved in the performance of the Contract, including tourist taxes, landing taxes and/or embarkation or disembarkation fees at airports and ports, and (c) the exchange rates relevant to the holiday and the provision of services necessary for its performance under the Contract.

(u)   Start of the Holiday means 00:00 hours GMT on the date of the first to occur of the Travel Services.

(v)    Termination Fee means (a) where only the Deposit has been paid, the Deposit, and (b) where the full Itinerary Price has been paid, the full Itinerary Price less, if any, (i) cost savings and income from alternative deployment of the Travel Services in the Contract of which we notify you and/or (ii) sums which we are able to recover on your behalf from suppliers of Travel Services in the Contract after the deduction, in both cases, of all reasonable administrative costs and bank charges related to any such cost savings, income and/or recovered sums.

(w)  Terms and Conditions means the terms and conditions forming part of the Contract including any and all amendments and updates.

(x)    Transfer Costs means all additional fees, charges and/or other costs arising from the transfer of the Contract of which we notify you.

(y)    Travel Services means the travel services, including, if any, international and domestic travel to, and any  and all services at, the Holiday Destination which are booked, arranged or organised by us under the Contract and included in the Invoice.

(z)    Unavoidable and Extraordinary Circumstances means a situation beyond the control of the party seeking to rely on it the consequences of which could not have been avoided even if all reasonable measures had been taken.