Terms & conditions for tours & retreats

TERMS AND CONDITIONS FOR TOURS & RETREATS

 

To be agreed in full by the Customer:

Please carefully review these Terms and Conditions for Tour Packages, as well as the terms of any Addenda, before making your reservation. By making a reservation with us, you are deemed to have understood and accepted these Terms and Conditions, and the terms of any applicable Addenda.

1

Reservation, Deposit and Full Payment

To make a reservation, you need to place a non-refundable deposit with us of $100 for yourself and each accompanying you on the Package Tour. This deposit will form part of your final payment and is non-refundable except under clause 5 below. To confirm your reservation, you must also submit to us, or to your travel advisor, accurate and complete personal details for all persons in your travel group, within 3 days of the deposit payment, failing which we reserve the right to treat your reservation as withdrawn and to refund the deposit to you.

Unless otherwise agreed or notified by us, following confirmation of your Package Tour, you must make full payment for your Package Tour at least 14 days before the designated departure date. If you fail to make full payment by the stipulated deadline, we shall be entitled to treat your reservation as canceled and to impose a cancellation fee, in accordance with clause 4 below, and to apply the deposit toward settlement of the cancellation fee, with any balance owing to be payable within 7 days, without any recourse by you against us. The published price of the Tour and any products or services offered is subject to change at any time, before or after booking confirmation, up to 30 days before departure. Where the increase in price is greater than 7% of the original price of the applicable products or services you

may choose to either:

(a) cancel the applicable booking without incurring any penalty; or

(b) accept the change of price.

You must notify us of your choice within 14 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase.

2

When booking your flight with the third party airline:

(a) you guarantee that you have the authority to accept and do accept for yourself and on behalf of your party the terms of these booking conditions; and any terms and conditions imposed by the third party supplier

(b) if you make a booking on behalf of someone, you warrant that you have the authority to accept and do accept on behalf of that person to be bound by these terms and conditions and the relevant Third Party Suppliers’ terms and conditions.

3

Cancellation by Customer

You may cancel your reservation, in writing, at any time before the designated departure date, subject to payment of a cancellation fee to us.

Please note that any change of departure date, customer’s name (other than the correction of typographical errors) or Package Tour is considered a cancellation and a cancellation fee will apply.

4

Package Tours Cancellation fee.

Should you decide to cancel your booking, you agree to pay the cancellation fee for the package tour, in addition to forfeiting the non-refundable deposit, as follows:

Less than 14 days before arrival: 50% of Package Tour fee 28-14 days before arrival 30%. More than 28 days before arrival 10%

You may still be responsible for all cancellation fees imposed by the relevant third party service providers and we also reserve the right to impose an administrative fee (to be determined in our reasonable discretion) for processing the cancellation.

5

Cancellation by Company

Your contract with your Third Party Suppliers may allow suppliers to cancel or amend bookings. We will ensure that you are promptly notified of any significant changes, but accept no liability for damage or loss, including consequential, incurred as a result of such cancellations. If we make a significant change to your booking, we will inform you as soon as reasonably possible if there is time before your departure. These may include (but are not limited to) the following changes: a change of accommodation to that of a lower category, a change of departure airport, a change of supplier, a change in time of your departure or return flight by more than 12 hours. You will have the choice of either accepting the change of arrangements or canceling your booked arrangements and receiving a full refund of any amounts received from you. The amount of the refund will not reflect fluctuations in currency exchange rates and be the amount received by us in the local currency of Ghana.

6

Amendments by Customer

All your rights and entitlements in relation to any Package Tour booked with us are personal to you and may not be assigned without our express written consent. Any change to the identity of a customer or to the designated departure date shall be deemed a cancellation of the reservation and a cancellation fee, as set out above, will apply. Subject to that, you may submit a written request for an amendment to the details of a reservation, such as rectification of typographical errors in a customer’s name, changes to flight itinerary and accommodation, at any time. We will endeavor to accommodate or facilitate your request but give no warranty that such amendments can be implemented.

7

Refund Policy on Unused Portion of Package Tour

No refund, either in full or in part, will be made with respect to all arrangements for accommodation, meals, sightseeing tours or other services which are included in the Package Tour fare but not utilised by the customer, or where the customer amends, cancels or otherwise varies such arrangement after commencement of the Package Tour. If, after a Package Tour has departed, any service(s) in the itinerary cannot be fulfilled or any change(s) to the itinerary are necessitated for any reason(s) beyond our control, including but not limited to peak seasons or upon the occurrence of a force majeure event, such as an act of God, earthquake, fire, tsunami or other natural disasters, weather conditions, war, civil unrest or terrorist attacks, government or legislative actions, strikes and labour unrest, diseases or pandemics, compulsory quarantines, or other similar event(s) (“Force Majeure Event”), we reserve the right to make reasonable changes to the itinerary, but shall endeavour where possible to arrange for the provision of a comparable alternative service. Any additional expense resulting from such changes shall be payable by you. Should you reject our offer of an alternative service, we shall not be obliged to refund any fee paid by you in respect of the unfulfilled service(s), but may do so, on a case-by-case basis.

8

Refund Payment Mode

For payments made in cash or by bank transfer we will endeavour to make a refund by bank transfer within 4 to 6 weeks. The refund process may take longer during peak seasons, due to the increase in transaction volume. We accept no liability for any loss or damage, including consequential loss or damage, caused by our delay in making refunds, and will not agree to any requests for penalty or interest payments on overdue refunds.

9

Extensions of Stay or Deviations

Any request for an extension of stay or deviation from the Package Tour itinerary must be in writing and may be permitted, subject to availability. We will endeavour to accommodate your request but cannot assure you that it can or will be effected. If, for any reason, we are unable to confirm your request at least 2 weeks before the designated departure date, the request shall be deemed withdrawn and you shall be deemed to have consented to the original itinerary. Any extension or deviation will be at your own expense and separate transfers to and from the airport will not be provided. All extra costs (including a reasonable administrative fee, to be determined at our discretion) incurred to process the request for an extension or deviation will also be borne by you.

10

Travel Documents and Travel Insurance Passport and Other Travel Documents

Subject to this clause, each customer is solely responsible for ensuring that his or her passport or other travel document is valid for at least 6 months from the expected date of departure from the last point of departure in the itinerary and that he or she has all necessary visas, permits, passes, licences, vaccinations, health certificates and/or other documents or approvals as may be required by the applicable governmental authorities of Ghana

and of any other destination countries. If a reservation has to be canceled because the customer is unable to obtain a visa or other travel document required, the relevant cancellation fee above will apply. We shall not be responsible, under any circumstances, for any loss or damage or expense, including consequential, or to reimburse or refund any part of the Package Tour fare, should any customer be deported or refused entry by the immigration authorities of any country, for any reason, including irregular travel documents, quarantine restrictions, customs regulations, import/export restrictions, executive or administrative orders, possession of unlawful items or other criminal activities. Each customer is also solely responsible for ensuring that his or her name as provided to the Company and corresponds exactly with that in his or her passport or travel document. If any amendment to such name is required, all applicable fees and charges shall be borne by the customer.

Visa Applications

We may, from time to time, on payment of the deposit assist a customer with their visa application but do not guarantee the outcome or approval of any such application and any customer seeking such assistance must confirm the applicable visa requirements with the relevant government department.

Travel Insurance

All customers agree to obtain a comprehensive travel insurance policy covering all applicable dates of travel to protect against unforeseen circumstances, such as baggage loss, flight delays, travel agent insolvency and medical emergencies for the full period of the tour and any extension. We do not accept any liability under any circumstances, for such matters.

11

General Matters Relating to Package Tours Accommodation

Accommodation at Legassi Gardens is as specified in the Package Tour brochure/itinerary/booking form. Accommodation is generally available on either a twin, double-share or quadruple-share basis. For part of the tour accommodation may be provided on a farm where the sharing of bathroom facilities may be necessary. Single room occupancy is provided only at additional cost. Payment of the deposit and confirmation of the reservation does not constitute confirmation of the Package Tour. All Package Tours are subject to a minimum group size (to be determined by us, in our absolute discretion) before the Package Tour is confirmed. If the minimum group size is not achieved at least 14 days before the scheduled departure date for a Package Tour, we shall be entitled to cancel all reservations for the Package Tour and refund all payments made. We will notify you as soon as possible once your Package Tour has been confirmed. The Itinerary of excursions and activities for the Tour Package may be changed at our discretion before or during the tour. Customers on the Package Tour are also subject to our ‘Terms and Conditions for Holiday Rentals’ found at www.legassigardens.com

12

Travelling With Minors

Customers under 18 years of age (as at the scheduled departure date) must be accompanied by an adult. If any person under 18 years old is travelling with an adult other than his or her parent or official guardian, his or her parent or official guardian is required to fill up an “Unaccompanied Minor and Handling Assistance Waiver” form. It is also the customer’s sole responsibility to ensure that the requirements of any relevant airline and/or regulatory authority relating to minors are complied with.

13

Pregnancy

It is the responsibility of customers who are pregnant to ensure that they have a doctor’s certification that they are fit for travel. Notwithstanding any such doctor’s certificate, third party providers, such as airlines or cruise companies, have the sole discretion to disallow a pregnant customer to board the relevant flight or cruise or to undertake certain activities and no refund shall be payable in such event.

14

Special Requests

It is the Customer’s sole responsibility to inform the Company of any special request that a customer may have, such as special dietary requirements, special seating arrangements, requests for adjoining rooms, etc. at the time of reservation. All requests are subject to availability and confirmation, and we will not be responsible if any such request is not or cannot be met for any reason.

15

Customers with Special Needs

We will use reasonable endeavours, but shall not be obliged, to accommodate the special needs of disabled customers and shall not be responsible if we are unable to effect any requested arrangements. We shall also not be responsible for any denial of services by air carriers, hotels, restaurants or other third party service providers. We cannot provide individual assistance to any customer for walking, dining, getting on or off motor coaches, and other vehicles, or other personal needs. A qualified and physically able-bodied companion must accompany customers who need such assistance and must assume full responsibility for their well-being. We are not responsible for any missed activities due to a customer’s inability to participate in such activities.

16

Professional Ethics

As part of our corporate responsibility towards our customers, we strive to adopt fair and ethical business practices, as well as accurate marketing communications at all times but give no warranty as to the accuracy of these marketing communications and accept no liability for any loss or damage whatsoever including consequential loss or damage that may arise from any inaccuracies.

17

Pricing Policies Validity

You agree to confirm the accuracy of all information and any prices shown in promotional communications.

18

Package Tour Fare Inclusions

The Package Tour fare includes accommodation, Breakfast, entrance to sites and activities specified in the promotion

19

Package Tour Fare Exclusions:

The Package Tour fare does not include flights, airport taxes, airport security taxes, airline insurance surcharges, fuel taxes, visa fees, travel insurance, customs user fees and service fees as specified by the airlines and airport authorities, laundry services, excess baggage charges, beverages, room service, gratuities to drivers and tour leaders or local guides and tips to hotel porters, and/or any personal expenses. Please check with us, or your travel advisor, for general information regarding visa fees, gratuities to drivers and tour leaders or local guides, as well as local tipping practices.

20

Child Fare

Children below the age of 12 (as of the date of return) may be eligible for child fare rates in accordance with the applicable third party service provider’s standard terms. Should an extra bed for a child be required, please arrange with us and we will advise on the applicable surcharge if any.

21

Promotional Pricing

We may, from time to time, accord discounts and other forms of promotion for our Package Tours. Our policy is to display and confirm all applicable discounts or promotions in our marketing communications and invoices.

22

Mode of Payment

Payments to us may be made by cash or bank transfer and details for payment will be provided upon reservation. Payments for optional activities may be made by cash.

23

Receipts

We will issue a receipt for your Bed & Breakfast accommodation during the Package Tour, and for additional meals or items purchased at our premises. We will not issue receipts for gratuities paid by you. You agree that you are responsible for obtaining receipts for all other purchases made by you during the Package Tour.

24

Feedback Mechanisms

We welcome direct feedback from our customers so that we can address their concerns promptly and amicably. Should you have a complaint on the Package Tour, you agree to inform our representative during the course of the Package Tour and if the matter cannot be resolved after our representative’s best endeavours during the Package Tour, you agree to make your complaint in writing to the Company at legassigardens@hotomail.com without use of any form of social media platforms, including but not limited to those via internet and WhatsApp. Please note that the company will deal with all complaints without prejudice and without admission of any liability whatsoever.

25

Confidentiality and Privacy

We will comply with all relevant obligations under current personal data legislation. We may take photographs and videos of customers participating in our Package Tours for our advertising and publicity materials (e.g. brochures) or related media programmes and by joining our Package Tours, all customers shall be deemed to have consented to such collection and/or use on our part. Notwithstanding, any customer who wishes to withdraw his or her consent to our collection or use of any photographs or videos that may feature may notify us at legassigardens@hotmail.com whereupon we will endeavour, as soon as reasonably practicable, to remove any reference to such customer from our advertising and publicity materials and/or related media programmes; provided always that we shall not be liable to recall or change any such materials or media programmes which have been produced, publicly distributed or disseminated by us prior to receiving such notice. The Customer warrants that all customers, for whom the reservation is made, have been made aware of this clause and have duly consented to the taking and use of their photograph and the filming/recording of the Package Tour for such promotional purpose as may be determined at our discretion from time to time. We and the Third Party Suppliers may disclose your personal information to others where directly connected with facilitating your travel arrangements and bookings and the provision of travel services and products. For example, we may disclose your personal information to airlines, hotels, car rental companies and other service providers in facilitating your travel arrangements.

26

Third Party Providers

We rely on the services of third party service providers for our Package Tours. These Terms and Conditions and all arrangements or bookings relating to the Package Tour are additionally subject, in every respect, to any terms and conditions that may be imposed by these third party service providers. Whilst we will endeavour to render reasonable assistance to our Customers wherever possible, we have no control over these third party service providers and shall accept no liability whatsoever for any loss or damage, including consequential loss or damage, for any changes, acts or omissions by such third party service providers in connection with any Package Tour.

27

Rights, Disclaimers and Indemnity Relating to Tours

Without limiting any other provision of these Terms and Conditions, to the fullest extent permitted by law, we shall not be responsible or assume any liability to any Customer or customer for:

(a)

any injury, damage, loss, including consequential damage or loss, or delay affecting any person or property

(b)

any loss, damage, cost, expense or delay suffered or incurred due to circumstances beyond our reasonable control, including but not limited to:

(i)

actions or omissions of third parties (including any applicable third party service providers);

(ii)

mechanical breakdowns;

(iii)

a Force Majeure Event;

(iv)

a failure by the Customer to comply with any of his or her obligations hereunder;

(v)

a failure by the Customer to posess, obtain or maintain any travel documentation required for the Package Tour e.g. health certificates, visas, valid passports, etc.);

(vi)

a failure by the Customer to follow reasonable instructions, including but not limited to noting and complying with specified check-in and check-out and/or meeting places and times. To the fullest extent permitted by law, our maximum liability to any Customer for any loss, damage, cost and/or expense shall in no event exceed the amount of the Package Tour fare paid to and received by us in respect of such Customer. In no event shall we be liable for any punitive, special, indirect or consequential loss or damage, including loss of production, profit, revenue or contract or loss of or damage to goodwill or reputation.

We reserve the right to withdraw any itinerary or any reservation made and/or to decline or refuse any individual as a member of the Package Tour, if it appears to us, in our absolute discretion, that such individual is likely to endanger the health or safety, or impair the comfort and enjoyment of the other members of the Package Tour. You agree to indemnify us, our affiliates and our respective officers, directors and employees, immediately on demand, against all claims, liabilities, damages, costs and expenses, including legal fees (on a full indemnity basis), arising out of any breach of these Terms and Conditions by you.

28

Acceptance of risk

You acknowledge that the products and services offered on the Package Tour may involve an amount of risk to your health and safety. You hereby assume responsibility for all such risk and releases us from all claims and causes of action arising from any losses, damages, including consequential, or injuries or death resulting from risks inherent in travel. You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where Tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that we are not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions. You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should you fail to comply with the above or commit any illegal act when on Tour or, if in our reasonable opinion, your behavior is causing or is likely to cause danger, distress or material annoyance to others, we may terminate your travel arrangements on any product or service immediately at your expense and without any liability on our part. You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals. You are responsible for any costs (including repair, replacement and cleaning fees) incurred by us or our suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately report any pre-existing damage to staff of the accommodation, transportation service, or facility as soon as possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither we nor our Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

29

Miscellaneous

We reserve the right to change, amend, insert or delete any of these Terms and Conditions, or policies contained therein, from time to time. The latest copy of these Terms and Conditions is maintained and made available on our website: www.legassigardens.com. Customers are responsible for periodically checking our website to update themselves on the latest Terms and Conditions.

30

Arbitration agreement referring future disputes to a single arbitrator

(1) Any dispute or difference between the parties in connection with this agreement shall be referred to and determined by a sole arbitrator and the arbitration shall be held in Accra.

(2) The arbitrator shall be appointed by agreement between the parties or in default of agreement by the parties, be determined by the appointing authority.

(3) In the event of default by either party in respect of any procedural order made by the arbitrator, the arbitrator may proceed with the arbitration in the absence of that party and deliver the arbitration award.

31

Governing Law and Jurisdiction Governing Law

The formation, existence, construction, performance, validity and all aspects whatsoever of this Agreement or of any term of this Agreement will be governed by the law of Ghana.

Customer Acknowledgement