Terms and conditions of FAR OUT TOUR
We are Far Out Tours, registered in Zambia, number 320180012135.
Our address is 17/49A Lilayi Road, LUSAKA, Zambia.
These terms and conditions are your contract with us for provision of any Tour Services you book with us.
In this document, "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
These are the agreed terms
1. Definitions
"Tour" means [any travel/event/activity] constituted in the services we offer.
"Tour Services" means our service in providing a Tour.
2. The contract between us
2.1. Far Out Tours Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.
2.2. The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Tour that has been described on our website.
2.3. If we are unable to accept your booking, we will of course return your payment to you immediately or alternatively, offer you a substitute tour of equivalent value.
2.4. When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Consumer Guarantees Act 1993 and Fair Trading Act 1986
2.5. For you to make a booking, we require your deposit and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by email. We may decline your booking for any reason and we do not have to give you the reason. If that occurs, we will return your money to you immediately and in any event within 14 days or, as mentioned above, book you on a tour on an alternative date.
3. The Booking Contract
3.1. Your booking is confirmed and a contract exists when Far Out Tours or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully for any incorrect or incomplete information and report it to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport and other necessary documents.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator or authorized agent.
BOOKING ON BEHALF OF OTHERS
3.2. Where the contracting party enters into this agreement on behalf of other participants, including minors, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.
3.3. By booking on behalf of another person(s), you represent and warrant that you have required all consents. You are responsible for verifying that any information you provide on behalf of another person(s) is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3.4. As lead member of your party, we will deal only with you in our correspondence.
3.5. We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for certain accommodation/activities of the Tour which you do not use.
4. What is included in the price of a Far Out Tour?
4.1. travel from the meeting point to your return to the departure point;
4.2. accommodation and all meals (unless otherwise stated in the itinerary);
4.3. drinking water;
4.4. services of one or more of our Representatives.
4.5. all activities except for those few of your choice on a free morning or free afternoon which will be booked for you but will be at your own cost.
5. What is NOT included?
5.1. return flights to the holiday destinations;
5.2. all other costs incurred after you have returned to your departure point;
5.3. travel insurance or any other insurance personal to you;
5.4. passport and visa costs;
5.5. vaccinations and medication, before, during and after the Tour;
5.6. food and drink over and above what we include in the Tour;
5.7. gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
6. Tour prices, Deposits and Cancellation Fees
6.1. When you make your booking, we shall ask you for a deposit of 25% of the total cost. Deposits are non-refundable, except as mentioned below, however in some cases may be transferable to another Far Out Tour. The balance of the price must be paid at least eight weeks before your departure date. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit.
6.2. Any booking made less than six weeks prior to the departure date must be accompanied by full payment at the time of making the booking.
6.3. Far Out Tours will not increase the price of your Tour after you have paid in full. Tours are priced and advertised inclusive of applicable taxes.
6.4. All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these terms.
7. Medical Information
You are responsible for assessing whether or not our Tour will be suitable for you. We advise you to consult your physician to confirm that you are fit and healthy for travel and to participate in any planned activities that have been booked for you during the tour or those that you have booked yourself on the ‘free days’. Please keep in mind that travel with Far Out Tours may involve visiting remote regions where medical facilities may not be easily accessible or meet the standard of those in your home country. Far Out Tours gives no warranties in relation to the availability or standard of the medical facilities in these regions. Furthermore, Far Out Tours require you to complete our Medical Information Form which is available on our website. (www.farouttoursafrica.com). Please seek medical advice from your physician regarding vaccinations and medical precautions. Far Out Tours does not provide medical advice and it will be your responsibility to assess the risks of each aspect of the Tour according to your own limitations, fitness level and medical requirements. You will be asked for your Medical Insurance details 60 days before your Tour commences with us.
Pregnancy must be disclosed to Far Out Tours at the time of booking. Far Out Tours may refuse any women who is over 24 weeks pregnant to purchase a Tour.
You agree to complete this medical form honestly, disclosing all your medical information which will be relevant to us. For your safety and to the safe running of the tour, our representatives and other service providers, Far Out Tours may request further information or professional medical opinions if necessary. In the event that you do not complete the required Medical Form or provide the relevant medical information necessary, Far Out Tours reserves the right to cancel your booking and all applicable cancellation fees will apply.
8. Special requests
Any special requests relating to your travel arrangements must be disclosed to us at the time of booking in writing. While we will use reasonable efforts to accommodate special requests or requirements, this is not always guaranteed given the nature of the destinations visited and limited options outside of the planned itinerary. All food allergies and dietary restrictions must be disclosed to us at the time of booking however there is no guarantee that they will be accommodated. If your mobility is limited in any way, certain activities may be inaccessible to you. If we are able to confirm a special request, we will do so by confirmation in writing to you at least 6 weeks before your departure date.
9. Minimum participants required for the Tour
9.1. As stated on our website, a minimum number of participants are required in order for the Tour to go ahead. Therefore, we have a right to cancel any Tour for which there are insufficient reservations.
9.2. In the event of any such cancellation, all deposits or other payments made specifically to Far Out Tours will be refunded in full.
9.3. We reserve the right to cancel any Tour, for which there are not enough bookings, not less than four weeks prior to the departure date. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full or, if you prefer, transferred to an alternative Far Out Tour.
9.4. You agree that all these provisions are reasonable.
10. Changing your booking
We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of $70 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made. Please note that Far Out Tours can only assist you in changing your TOUR booking to another preferred date and not for the international flights that are not included in the tour.
11. Age Requirements
A person under the age of 18 (on the date of first travel is considered to be a minor) and must be accompanied by an adult. The minimum age for minors travelling on any Tour with Far Out Tours is 12 years of age.
Any adult on a booking with a minor (s) is wholly responsible for the minor’s wellbeing, behaviour and supervision of the minor and accepts on behalf of the minor all assumptions of any risk and limitations of liability.
The accompanying adult will be responsible for securing all the necessary documentation, consents and for any legal requirements to travel with the minor and entering into and departing from the applicable countries or regions.
Far Out Tours will not provide any care services for minors and has the right to disclaim any responsibility for supervising or controlling any minors, nor will our representatives be responsible for any minor during the Tour.
12. Flexibility
Due to the nature of our Tour, travel requires flexibility and you acknowledge that you will permit reasonable alterations to products, services or itineraries by Far Out Tours. The route, schedules, accommodation, activities, amenities and mode of transportations are subject to change without notice due to unforeseen circumstances or events outside the control of Far Out Tours (including but not limiting Force Majeure, illness, mechanical technicalities or breakdowns, strikes, political events, cancellation of flights and border difficulties). No refunds, discounts or reimbursements of any kind will be issued for services that are missed or unused after departure due to fault of Far Out Tours including your removal from a Tour because of your negligence, behaviour or breach of these Terms.
13. Prices and Taxes
Our Tours are priced and advertised inclusive of applicable taxes. Gratuities given to Far Out Tours Staff/Representatives will be completely at your own discretion.
14. Cancellation by you
14.1. If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellations incur costs for us. Costs vary considerably and are not always precisely identifiable. Our Booking and/or Cancellation Policy is as follows:
THE FULL COST OF THE TOUR IS TO BE PAID IN FULL 60 DAYS BEFORE YOUR TOUR DATE COMMENCES.
14.2. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Tour with us that you choose. But whether we do so is in our discretion, for which we do not have to give a reason.
14.3. In any of the above circumstances, we will return any money due to you within twenty one days.
Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.
15. If we cancel your Tour or make changes
Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Tour. If that happens the following terms apply:
15.1. If a Tour is cancelled by Far Out Tours before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Far Out Tours:
15.1.1 a substitute Tour of equivalent or superior value; or
15.1.2 a full refund of all monies paid for the cancelled Tour.
15.2. We will not compensate you for minor changes outside our control. Examples are changes to flight times, aircraft type or different carriers.
15.3. Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.
15.4. Far Out Tours is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, non-refundable flights, loss of earnings, vaccinations, car parking fees, Far Out Tours reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, Far Out Tours will make suitable alternative arrangements where possible.
16. If you have a complaint
Your point of contact during your tour will be:
Nikki Coke-Norris, [email protected], 00 260 966487453, however a representative will be travelling with you and he/she will make contact with Nikki as soon as possible regarding your issue.
If you have a problem during your tour it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem - for your benefit and ours. If that occurs, you may lose your right to compensation.
If you feel our representative has not resolved your issue or tried to amend your complaint, please write to us within fourteen days of your return giving us full details of your tour and concise details of the complaint and any subsequent history.
17. Limitations on our liability
17.1. We want you to enjoy a perfect tour with us. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.
Far Out Tours, its employees and third party providers, shall not be held liable for any loss or damage to property or injury or death of persons directly or indirectly occasioned by an act or omission by us or of any other provider. This includes (but is not limited to):
Nor is Far Out Tours not held liable for and loss or damage due to delay, disruptions caused by the Law for any reason, cancellations, acts on failure to act, regulations, any interference or disruption caused by any government or by acts of God, theft, epidemics, quarantine, terrorism, civil commotions, rebellion, war, fire, flood, political disturbances, riots, strikes or any other cause or causes beyond reasonable control of Far Out Tours, or an event which Far Out Tours or their third party provider of services, even with all the utmost care, could not foresee, all of which constitute to ‘Force Majeure’. You agree to waive any claim against Far Out Tours for any such bodily injury, damage, loss or death, illness, emotional injury or distress
17.2. We are not liable if any failure is due to:
17.2.1 your own carelessness or negligence in any aspect of your behaviour whilst on our Tour;
17.2.2 medical emergencies;
17.2.3 laws, culture and standards of service and behaviour in any country we may visit;
17.2.4 changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;
17.2.5 some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;
17.2.6 any other unusual and unforeseeable circumstances beyond our control;
17.2.7 a specific event or series of events which we or our contractors or service providers could not reasonably have foreseen or prevented;
17.3. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.
17.4. The services and features included in your booking are those specified in our website. If you choose to buy other goods or services during your Tour, we are not liable to you for any happening in connection with that service or goods.
17.5. It is a condition of this contract that you take out a policy of travel insurance with medical, evacuation and repatriation coverage for your trip. You alone are wholly responsible for arranging your travel and medical insurance. The period of cover should start no later than the date you make your booking with us. This insurance must cover personal injury and emergency medical expenses. Before your arrival, a Tour Operator will verify that you have sufficient insurance in place. We strongly recommend that you extend your coverage to include cancellation, curtailment and all other expenses that may arise as a result of loss, damage, allergic reactions, injury, delay or inconvenience whilst travelling with us.
18. Passport, visa and immigration requirements
It is extremely important that you obtain and carefully check travel and immigration documents required for each country you will be visiting on your Tour. You agree that you are responsible for the full amount of any loss or expense incurred by Far Out Tours that is a direct result of your failure to secure or be in possession of proper travel documentation for your and/or your party. We do not accept responsibility for any delay or problem which may occur in this connection. Far Out Tours does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas or necessary vaccinations. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on the Tour, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group. You agree that Far Out Tours will not be responsible or liable for any omissions or errors in this information.
19. Help we need from you
Your information pack will provide details about your chosen Tour, but the following are contractual matters:
19.1. Most Far Out Tours require reasonable physical fitness and appropriate footwear. You should be prepared to walk up to a couple of kilometres a day, sometimes on uneven or slippery surfaces.
19.2. To satisfy the majority of our clients, a "no smoking" "no vaping" rule applies (especially whilst travelling in the Far Out Tours vehicle). Please note however, that smoking is permitted in some countries we may visit so we cannot prevent third parties from smoking in a bar or restaurant.
19.3. Far Out Tours will not be responsible or liable for the loss of any personal belongings for whatever reason i.e. theft. We strongly recommend that you take out insurance to cover the loss of any personal belongings which may be of high value in the unfortunate event of them being damaged or stolen during the Tour.
19.4. You agree to take all measures possible in relation to your own safely while on the Tour including, but not limited to, the proper use of safety devices and to obey all posted signs and written or oral warnings issued regarding health and safety. Far Out Tours (nor its third party providers) are liable for any loss or damages caused by your failure to comply with safety regulations or warnings.
19.5. If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort, extreme displeasure to any other member or any illegal act while on tour, we may exclude you from the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers. Far Out Tours may terminate your travel arrangements on any service immediately at your expense and without liability to Far Out Tours. You will not be entitled to any refund or costs incurred as a result of termination of your travel arrangements, including without limitation, accommodation, meals or return travel.
You are responsible for any costs including repair, replacement and cleaning fees incurred by Far Out Tours or any of our providers for any destruction of property, property damage or theft caused by you while on a Tour. Any pre-existing damage must be reported to a Far Out Tours representative or staff of the accommodation or transportation service upon discovery.
20. Terms and conditions of third party providers
Far Out Tours makes arrangements with accommodation providers, activity providers, airlines, transfer operators, coach operators, tour and local guides, catering services, as well as others to provide your with some or all of the components of your booking. The third party providers may also engage the services of local operators and sub-contractors. Although Far Out Tours takes all reasonable care in selecting our third party providers, Far Out Tours is unable to control third party providers, does not supervise third party providers and therefore cannot be responsible for their acts or omissions. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term. You acknowledge that third party providers operate incompliance with the applicable laws of the countries in which they operate and that Far Out Tours does not warrant that any third party provider is in compliance with the laws of your country of residence or any other jurisdiction.
Far Out Tours will not be liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Far Out Tours and its employees.
Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.
21. Miscellaneous matters
21.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
21.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
21.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
21.5. For the purposes of the Privacy Act 2020 each party consents to the processing of his personal information (in manual, electronic or any other form) relevant to this agreement, by the other [and/or any agent or third party nominated by that other] [and bound by a duty of confidentiality].
21.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
21.7. This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of the directors, officers, employees, subcontractors, agents and affiliated companies of a party, may be enforced under that Act.
21.8. Any communication to be served on either of the parties by the other shall be sent by express post or recorded delivery or by e-mail.
Our address is 17/49A Lilayi Road, LUSAKA, Zambia.
These terms and conditions are your contract with us for provision of any Tour Services you book with us.
In this document, "you" and "your" include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
These are the agreed terms
1. Definitions
"Tour" means [any travel/event/activity] constituted in the services we offer.
"Tour Services" means our service in providing a Tour.
2. The contract between us
2.1. Far Out Tours Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.
2.2. The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Tour that has been described on our website.
2.3. If we are unable to accept your booking, we will of course return your payment to you immediately or alternatively, offer you a substitute tour of equivalent value.
2.4. When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Consumer Guarantees Act 1993 and Fair Trading Act 1986
2.5. For you to make a booking, we require your deposit and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by email. We may decline your booking for any reason and we do not have to give you the reason. If that occurs, we will return your money to you immediately and in any event within 14 days or, as mentioned above, book you on a tour on an alternative date.
3. The Booking Contract
3.1. Your booking is confirmed and a contract exists when Far Out Tours or your travel agent issues a written confirmation after receipt of the applicable deposit amount. Please check your confirmation carefully for any incorrect or incomplete information and report it to the Tour Operator or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport and other necessary documents.
You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to the Tour Operator or authorized agent.
BOOKING ON BEHALF OF OTHERS
3.2. Where the contracting party enters into this agreement on behalf of other participants, including minors, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying the Tour Operator or your travel agent if any changes or cancellations are required and keeping your party informed.
3.3. By booking on behalf of another person(s), you represent and warrant that you have required all consents. You are responsible for verifying that any information you provide on behalf of another person(s) is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3.4. As lead member of your party, we will deal only with you in our correspondence.
3.5. We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for certain accommodation/activities of the Tour which you do not use.
4. What is included in the price of a Far Out Tour?
4.1. travel from the meeting point to your return to the departure point;
4.2. accommodation and all meals (unless otherwise stated in the itinerary);
4.3. drinking water;
4.4. services of one or more of our Representatives.
4.5. all activities except for those few of your choice on a free morning or free afternoon which will be booked for you but will be at your own cost.
5. What is NOT included?
5.1. return flights to the holiday destinations;
5.2. all other costs incurred after you have returned to your departure point;
5.3. travel insurance or any other insurance personal to you;
5.4. passport and visa costs;
5.5. vaccinations and medication, before, during and after the Tour;
5.6. food and drink over and above what we include in the Tour;
5.7. gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
6. Tour prices, Deposits and Cancellation Fees
6.1. When you make your booking, we shall ask you for a deposit of 25% of the total cost. Deposits are non-refundable, except as mentioned below, however in some cases may be transferable to another Far Out Tour. The balance of the price must be paid at least eight weeks before your departure date. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit.
6.2. Any booking made less than six weeks prior to the departure date must be accompanied by full payment at the time of making the booking.
6.3. Far Out Tours will not increase the price of your Tour after you have paid in full. Tours are priced and advertised inclusive of applicable taxes.
6.4. All dates, itineraries and prices of Tours are subject to change at any time and the current price will be quoted and confirmed at the time of booking, subject to any surcharges that may be levied in accordance with these terms.
7. Medical Information
You are responsible for assessing whether or not our Tour will be suitable for you. We advise you to consult your physician to confirm that you are fit and healthy for travel and to participate in any planned activities that have been booked for you during the tour or those that you have booked yourself on the ‘free days’. Please keep in mind that travel with Far Out Tours may involve visiting remote regions where medical facilities may not be easily accessible or meet the standard of those in your home country. Far Out Tours gives no warranties in relation to the availability or standard of the medical facilities in these regions. Furthermore, Far Out Tours require you to complete our Medical Information Form which is available on our website. (www.farouttoursafrica.com). Please seek medical advice from your physician regarding vaccinations and medical precautions. Far Out Tours does not provide medical advice and it will be your responsibility to assess the risks of each aspect of the Tour according to your own limitations, fitness level and medical requirements. You will be asked for your Medical Insurance details 60 days before your Tour commences with us.
Pregnancy must be disclosed to Far Out Tours at the time of booking. Far Out Tours may refuse any women who is over 24 weeks pregnant to purchase a Tour.
You agree to complete this medical form honestly, disclosing all your medical information which will be relevant to us. For your safety and to the safe running of the tour, our representatives and other service providers, Far Out Tours may request further information or professional medical opinions if necessary. In the event that you do not complete the required Medical Form or provide the relevant medical information necessary, Far Out Tours reserves the right to cancel your booking and all applicable cancellation fees will apply.
8. Special requests
Any special requests relating to your travel arrangements must be disclosed to us at the time of booking in writing. While we will use reasonable efforts to accommodate special requests or requirements, this is not always guaranteed given the nature of the destinations visited and limited options outside of the planned itinerary. All food allergies and dietary restrictions must be disclosed to us at the time of booking however there is no guarantee that they will be accommodated. If your mobility is limited in any way, certain activities may be inaccessible to you. If we are able to confirm a special request, we will do so by confirmation in writing to you at least 6 weeks before your departure date.
9. Minimum participants required for the Tour
9.1. As stated on our website, a minimum number of participants are required in order for the Tour to go ahead. Therefore, we have a right to cancel any Tour for which there are insufficient reservations.
9.2. In the event of any such cancellation, all deposits or other payments made specifically to Far Out Tours will be refunded in full.
9.3. We reserve the right to cancel any Tour, for which there are not enough bookings, not less than four weeks prior to the departure date. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full or, if you prefer, transferred to an alternative Far Out Tour.
9.4. You agree that all these provisions are reasonable.
10. Changing your booking
We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of $70 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made. Please note that Far Out Tours can only assist you in changing your TOUR booking to another preferred date and not for the international flights that are not included in the tour.
11. Age Requirements
A person under the age of 18 (on the date of first travel is considered to be a minor) and must be accompanied by an adult. The minimum age for minors travelling on any Tour with Far Out Tours is 12 years of age.
Any adult on a booking with a minor (s) is wholly responsible for the minor’s wellbeing, behaviour and supervision of the minor and accepts on behalf of the minor all assumptions of any risk and limitations of liability.
The accompanying adult will be responsible for securing all the necessary documentation, consents and for any legal requirements to travel with the minor and entering into and departing from the applicable countries or regions.
Far Out Tours will not provide any care services for minors and has the right to disclaim any responsibility for supervising or controlling any minors, nor will our representatives be responsible for any minor during the Tour.
12. Flexibility
Due to the nature of our Tour, travel requires flexibility and you acknowledge that you will permit reasonable alterations to products, services or itineraries by Far Out Tours. The route, schedules, accommodation, activities, amenities and mode of transportations are subject to change without notice due to unforeseen circumstances or events outside the control of Far Out Tours (including but not limiting Force Majeure, illness, mechanical technicalities or breakdowns, strikes, political events, cancellation of flights and border difficulties). No refunds, discounts or reimbursements of any kind will be issued for services that are missed or unused after departure due to fault of Far Out Tours including your removal from a Tour because of your negligence, behaviour or breach of these Terms.
13. Prices and Taxes
Our Tours are priced and advertised inclusive of applicable taxes. Gratuities given to Far Out Tours Staff/Representatives will be completely at your own discretion.
14. Cancellation by you
14.1. If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellations incur costs for us. Costs vary considerably and are not always precisely identifiable. Our Booking and/or Cancellation Policy is as follows:
- A deposit of 25% is payable when booking your Tour with us.
- Your deposit is 100% refundable up until 90 days before your Tour with us commences.
- If you cancel your booking with us 90 (between day 89 - 60) days before your Tour, you will be refunded 50% of your deposit.
THE FULL COST OF THE TOUR IS TO BE PAID IN FULL 60 DAYS BEFORE YOUR TOUR DATE COMMENCES.
- If you book a Tour with us 60 days (between day 59 and the start date of the tour) before the Tour commences, you will need to pay the full cost of the tour immediately.
- If you cancel your booking with us 60 days (between day 59 and day 30 of the tour) before your Tour commences, you will be refunded 50% of the full cost of the tour.
- If you cancel your booking with us 30 days (between day 29 and the start date of the tour) before your Tour commences, you will be refunded 25% of the full cost of the tour.
14.2. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Tour with us that you choose. But whether we do so is in our discretion, for which we do not have to give a reason.
14.3. In any of the above circumstances, we will return any money due to you within twenty one days.
Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.
15. If we cancel your Tour or make changes
Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Tour. If that happens the following terms apply:
15.1. If a Tour is cancelled by Far Out Tours before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Far Out Tours:
15.1.1 a substitute Tour of equivalent or superior value; or
15.1.2 a full refund of all monies paid for the cancelled Tour.
15.2. We will not compensate you for minor changes outside our control. Examples are changes to flight times, aircraft type or different carriers.
15.3. Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.
15.4. Far Out Tours is not responsible for any incidental expenses or consequential losses that you incur as a result of the cancelled booking including visas, non-refundable flights, loss of earnings, vaccinations, car parking fees, Far Out Tours reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Tour as described cannot be provided after departure, Far Out Tours will make suitable alternative arrangements where possible.
16. If you have a complaint
Your point of contact during your tour will be:
Nikki Coke-Norris, [email protected], 00 260 966487453, however a representative will be travelling with you and he/she will make contact with Nikki as soon as possible regarding your issue.
If you have a problem during your tour it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem - for your benefit and ours. If that occurs, you may lose your right to compensation.
If you feel our representative has not resolved your issue or tried to amend your complaint, please write to us within fourteen days of your return giving us full details of your tour and concise details of the complaint and any subsequent history.
17. Limitations on our liability
17.1. We want you to enjoy a perfect tour with us. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.
Far Out Tours, its employees and third party providers, shall not be held liable for any loss or damage to property or injury or death of persons directly or indirectly occasioned by an act or omission by us or of any other provider. This includes (but is not limited to):
- Any defect in any aircraft or watercarrier.
- Any defect in any vehicle operated by Far Out Tours or provided by a Third Party provider.
Nor is Far Out Tours not held liable for and loss or damage due to delay, disruptions caused by the Law for any reason, cancellations, acts on failure to act, regulations, any interference or disruption caused by any government or by acts of God, theft, epidemics, quarantine, terrorism, civil commotions, rebellion, war, fire, flood, political disturbances, riots, strikes or any other cause or causes beyond reasonable control of Far Out Tours, or an event which Far Out Tours or their third party provider of services, even with all the utmost care, could not foresee, all of which constitute to ‘Force Majeure’. You agree to waive any claim against Far Out Tours for any such bodily injury, damage, loss or death, illness, emotional injury or distress
17.2. We are not liable if any failure is due to:
17.2.1 your own carelessness or negligence in any aspect of your behaviour whilst on our Tour;
17.2.2 medical emergencies;
17.2.3 laws, culture and standards of service and behaviour in any country we may visit;
17.2.4 changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;
17.2.5 some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;
17.2.6 any other unusual and unforeseeable circumstances beyond our control;
17.2.7 a specific event or series of events which we or our contractors or service providers could not reasonably have foreseen or prevented;
17.3. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.
17.4. The services and features included in your booking are those specified in our website. If you choose to buy other goods or services during your Tour, we are not liable to you for any happening in connection with that service or goods.
17.5. It is a condition of this contract that you take out a policy of travel insurance with medical, evacuation and repatriation coverage for your trip. You alone are wholly responsible for arranging your travel and medical insurance. The period of cover should start no later than the date you make your booking with us. This insurance must cover personal injury and emergency medical expenses. Before your arrival, a Tour Operator will verify that you have sufficient insurance in place. We strongly recommend that you extend your coverage to include cancellation, curtailment and all other expenses that may arise as a result of loss, damage, allergic reactions, injury, delay or inconvenience whilst travelling with us.
18. Passport, visa and immigration requirements
It is extremely important that you obtain and carefully check travel and immigration documents required for each country you will be visiting on your Tour. You agree that you are responsible for the full amount of any loss or expense incurred by Far Out Tours that is a direct result of your failure to secure or be in possession of proper travel documentation for your and/or your party. We do not accept responsibility for any delay or problem which may occur in this connection. Far Out Tours does not provide advice on travel documents and makes no representations or warrantees as to the accuracy or completeness of any information provided on visas or necessary vaccinations. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on the Tour, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group. You agree that Far Out Tours will not be responsible or liable for any omissions or errors in this information.
19. Help we need from you
Your information pack will provide details about your chosen Tour, but the following are contractual matters:
19.1. Most Far Out Tours require reasonable physical fitness and appropriate footwear. You should be prepared to walk up to a couple of kilometres a day, sometimes on uneven or slippery surfaces.
19.2. To satisfy the majority of our clients, a "no smoking" "no vaping" rule applies (especially whilst travelling in the Far Out Tours vehicle). Please note however, that smoking is permitted in some countries we may visit so we cannot prevent third parties from smoking in a bar or restaurant.
19.3. Far Out Tours will not be responsible or liable for the loss of any personal belongings for whatever reason i.e. theft. We strongly recommend that you take out insurance to cover the loss of any personal belongings which may be of high value in the unfortunate event of them being damaged or stolen during the Tour.
19.4. You agree to take all measures possible in relation to your own safely while on the Tour including, but not limited to, the proper use of safety devices and to obey all posted signs and written or oral warnings issued regarding health and safety. Far Out Tours (nor its third party providers) are liable for any loss or damages caused by your failure to comply with safety regulations or warnings.
19.5. If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort, extreme displeasure to any other member or any illegal act while on tour, we may exclude you from the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers. Far Out Tours may terminate your travel arrangements on any service immediately at your expense and without liability to Far Out Tours. You will not be entitled to any refund or costs incurred as a result of termination of your travel arrangements, including without limitation, accommodation, meals or return travel.
You are responsible for any costs including repair, replacement and cleaning fees incurred by Far Out Tours or any of our providers for any destruction of property, property damage or theft caused by you while on a Tour. Any pre-existing damage must be reported to a Far Out Tours representative or staff of the accommodation or transportation service upon discovery.
20. Terms and conditions of third party providers
Far Out Tours makes arrangements with accommodation providers, activity providers, airlines, transfer operators, coach operators, tour and local guides, catering services, as well as others to provide your with some or all of the components of your booking. The third party providers may also engage the services of local operators and sub-contractors. Although Far Out Tours takes all reasonable care in selecting our third party providers, Far Out Tours is unable to control third party providers, does not supervise third party providers and therefore cannot be responsible for their acts or omissions. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term. You acknowledge that third party providers operate incompliance with the applicable laws of the countries in which they operate and that Far Out Tours does not warrant that any third party provider is in compliance with the laws of your country of residence or any other jurisdiction.
Far Out Tours will not be liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than Far Out Tours and its employees.
Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.
21. Miscellaneous matters
21.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.2. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
21.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
21.4. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
21.5. For the purposes of the Privacy Act 2020 each party consents to the processing of his personal information (in manual, electronic or any other form) relevant to this agreement, by the other [and/or any agent or third party nominated by that other] [and bound by a duty of confidentiality].
21.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
21.7. This agreement does not give any right to any third party under the Contract and Commercial Law Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of the directors, officers, employees, subcontractors, agents and affiliated companies of a party, may be enforced under that Act.
21.8. Any communication to be served on either of the parties by the other shall be sent by express post or recorded delivery or by e-mail.