1. DEFINITIONS

VOYAGERS shall mean VOYAGERS ZAMBIA LIMITED, VOYAGERS KITWE LIMITED & VOYAGERS RENTALS LIMITED.

THE TOUR OPERATOR shall mean any tour operator or travel agent which deals with VOYAGERS for the conclusion of a Fully Inclusive Tour (FIT) and/or Group RESERVATIONS

The CUSTOMER shall mean any CUSTOMER booked on an itinerary either directly through VOYAGERS or a TOUR OPERATOR.

The PURCHASOR shall mean the person responsible for payment of the RESERVATION.  If the PURCHASOR is not the CUSTOMER booked on the itinerary, then the PURCHASOR assumes all liability for the CUSTOMER in terms of payment for the RESERVATION and other appropriate clauses.

RESERVATION shall have the meaning generally attributed to it within the travel and tourism industry being bookings made on behalf of Independent Travellers or members of a Travel group.

TARIFF shall mean the fare or cost of a RESERVATION issued by VOYAGERS for services provided to CUSTOMERS and/or TOUR OPERATORS.

2. RECORDIAL

These are the complete VOYAGERS’ standard trading terms and conditions and limit the liability of VOYAGERS to the TOUR OPERATOR and/or CUSTOMER.  All RESERVATIONS made with VOYAGERS by the TOUR OPERATOR and/or CUSTOMER are subject to these standard trading terms and conditions.  CUSTOMERS must identify themselves as being residents of a particular country at the time of booking and ascertain the applicable booking conditions.   It should be noted that exclusive VOYAGERS’ products such as motorcycle safaris and safari vehicles, have additional terms and conditions which are detailed below.

VOYAGERS uses a large number of suppliers and it is therefore not possible to list all their terms and conditions applicable to deposit, payment, itinerary amendment, refunds, cancellation policies or other requirements.  These specific terms and conditions for each supplier must however be strictly adhered to, should you wish to examine them please contact your VOYAGERS travel consultant. VOYAGERS holds no responsibility for penalties incurred relating to these separate terms and conditions. 

No warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy of any of the information provided by VOYAGERS or as to the nature, standard, suitability or otherwise of any services offered by VOYAGERS or on VOYAGERS’ behalf.  The information provided by VOYAGERS may not contain all the information relevant to any holiday or travel arrangements you may book with VOYAGERS.  VOYAGERS shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) which may arise as a result, directly or indirectly, from the use of any of the information or material provided by VOYAGERS.

The copyright of the material contained on the VOYAGERS’ website, brochures, flyers and other marketing material belongs to VOYAGERS or the relevant Licensors. No part of this material may be copied without the express permission of the relevant copyright holder.

3. TARIFF

All tariffs quoted are subject to change without prior notice.  VOYAGERS reserves the right to amend these tariffs as and when required. VOYAGERS cannot be held liable for TARIFFS quoted in error.  The TOUR OPERATOR and/or CUSTOMER are accordingly advised to check all details of  the RESERVATION (including the TARIFF) at the time of booking, before confirming any RESERVATION and prior to making final payment.

VOYAGERS guarantees the TARIFF of land arrangements, once full payment is received. Airfares are subject to the TARIFFS and conditions quoted by the carrier airline and cannot be guaranteed by VOYAGERS.

Tour packages or promotions will detail the inclusions listed. The following are not generally included in the quoted tour TARIFF (this should not be considered an exhaustive list):  government, airline, airport and security taxes in country of origin and destination; all items of a personal nature such as telephone calls, laundry and non-specified meals.

Special requests must be made at time of booking.  VOYAGERS will endeavour to assist with these special requests, which will be for the cost of the traveller, but cannot guarantee that such requests will be met.

4. RESERVATION

All RESERVATIONS made by any TOUR OPERATOR or CUSTOMER shall be subject to availability and requires written confirmation by VOYAGERS.

In the event of it being necessary to deliver documents to the TOUR OPERATOR and/or CUSTOMER for any reason other than negligence on the part of VOYAGERS, the costs incurred shall be borne by the said CUSTOMER or TOUR OPERATOR.

In order to secure a firm RESERVATION the TOUR OPERATOR and/or CUSTOMER shall confirm each such RESERVATION, in writing, not less than 30 days prior to the CUSTOMER’S departure or such later date as VOYAGERS may agree to in writing.

5. PAYMENT

Full payment for confirmed RESERVATIONS shall be made to VOYAGERS within the stipulated period applicable to the RESERVATION. 

All payments shall be made in the currency in which the booking is quoted and invoiced by VOYAGERS.  Any costs incurred in effecting payment, including bank charges and currency exchange loss or gain, shall be for the account of the TOUR OPERATOR or CUSTOMER.

VOYAGERS shall not be obliged to issue any travel vouchers to TOUR OPERATORS or CUSTOMER until such time as payment has been received in full.

Exclusive VOYAGERS products:

For any bookings that are an exclusively VOYAGERS product, such as vehicle hire, a non-refundable deposit of 10% of the total TARIFF is required within 72 hours of confirmation of RESERVATION.  The balance of the total cost is due no later than 60 days prior to arrival.   For RESERVATIONS placed less than 60 days prior to arrival, full payment is required within 72 hours.   VOYAGERS reserves the right to cancel any RESERVATION that has not been paid by the due date.   All payments are to be made free of commission and bank charges and must stipulate:

• Name of Group/Party as per previous correspondence
• Arrival date
• Name of VOYAGERS consultant
• Invoice number
• Specify if deposit or balance

To avoid inconvenience due to delayed receipt of payments, we suggest you fax VOYAGERS a copy of your transfer order.   If not agreed otherwise, well in advance, VOYAGERS reserves the right to withhold travel services in part or in whole in cases of non-compliance with these payment conditions.   The CUSTOMER will be responsible for all costs incurred in such cases.   These exclusions extend to any claims of a consequential nature.

All bookings cancelled within 60 days prior to departure are subject to the following cancellation fee:

• 50 – 60 days                         25%
• 41 -  49 days                         50%
• 40 days and less                    100%

Amendments made to bookings within the cancellation period will attract the same fees as the above cancellation policy.

Amendments after documents are issued, regardless of how far in advance, are subject to a maximum charge of 25% of the value of the booking.

6. CANCELLATIONS

Should a TOUR OPERATOR or CUSTOMER wish to cancel a RESERVATION they shall do so, in writing, and no cancellation shall be effected unless acknowledged by VOYAGERS, in writing, subject to the following clauses:

In the event of a confirmed RESERVATION being cancelled in the period specified in the tour cancellation policy, the TOUR OPERATOR or CUSTOMER shall be liable for the stipulated cancellation fees which shall be payable forthwith.

VOYAGERS reserves the right to claim a cancellation fee of up to 100% of the total package TARIFF as a pre-estimation of damages. 

7. REFUNDS & AMENDMENTS

The TOUR OPERATOR or CUSTOMER acknowledges that, in keeping with the policy adopted by tour operators worldwide, VOYAGERS shall be entitled to cancel any RESERVATION prior to the commencement of the RESERVATION itinerary and in any such case refund the TOUR OPERATOR or CUSTOMER the entire amount paid to that date and the TOUR OPERATOR or CUSTOMER shall have no further claim of whatsoever nature against VOYAGERS for such cancellation.

Accordingly amendments to confirmed RESERVATIONS at any time prior to departure will be made subject to the conditions that the CUSTOMER is liable for all additional costs of whatsoever nature arising therefrom.

In the unlikely event of there being an unscheduled extension to a CUSTOMER’S  itinerary after departure, due to circumstances such as flight delays, bad weather, schedule changes, strikes or anything else beyond the control of VOYAGERS, it is agreed that extra expenses incurred will be for the account of the CUSTOMER.  VOYAGERS is not liable for consequential damages.

Whilst every effort is made to keep to all confirmed itineraries, VOYAGERS reserves the right to make changes for your convenience and does not accept any liability for changes required.  Because VOYAGERS plans arrangements in advance, does not own or control the airlines, hotels and/or other supplier companies who will provide travel components, changes and even cancellations can occasionally become necessary. 

If any accommodations, excursions or other service in the RESERVATION is not available for any reason whatsoever or should VOYAGERS deem it necessary, VOYAGERS shall be entitled to make similar alternative arrangements at the same TARIFF and standards as that which is not available and no claim shall arise against VOYAGERS as a result of such unavailability.

VOYAGERS shall not be obliged to refund any amount paid for any RESERVATION which has not been used by any CUSTOMER.

8. EXCLUSION OF LIABILITY

THE TOUR OPERATOR or CUSTOMER acknowledges and accepts that VOYAGERS at all times acts only as an agent on behalf of it’s principles and will not be liable whatsoever for any loss, damage, injury (fatal or otherwise), accident, delay or any other irregularity howsoever arising, whether to persons, their luggage or other items in their possession, or arising as a result of the exercise by VOYAGERS of any of its rights in terms hereof and irrespective of whether such loss or damage has arisen as a result of disease, ill health, adverse weather conditions or any other cause including any loss which may be occasioned by negligence of VOYAGERS or any of it’s personnel or agents and THE TOUR OPERATOR and/or CUSTOMER hereby indemnifies VOYAGERS and absolves it from any liability in respect of any claims which may be made against VOYAGERS in respect of any such loss or damage which is brought by or through any customer of the TOUR OPERATOR or CUSTOMER.

All activities associated with the RESERVATION are undertaken at the CUSTOMER’S risk.  THE TOUR OPERATOR and/or CUSTOMER shall ensure that it and/or the CUSTOMER takes out comprehensive travel insurance (including Trip Cancellation/Curtailment and Medical Evacuation & Hospitalisation).  VOYAGERS shall not be liable if a CUSTOMER should fail to take adequate insurance cover.

9. ACKNOWLEDGEMENTS BY OPERATOR/CUSTOMER

The TOUR OPERATOR and/or CUSTOMER acknowledges and accepts the VOYAGERS’ standard trading terms and conditions prior to entering into a contract with VOYAGERS and that:

Transportation on scheduled and day tours will be determined based on number of CUSTOMERS booked and VOYAGERS reserves the right to use either smaller or larger vehicles/aircraft at their discretion.

Airlines and some vehicle operators limit the weight of luggage which can be carried by CUSTOMERS and that no claim shall arise against VOYAGERS in the event of a CUSTOMER not being permitted to carry any luggage item or being required to effect payment for excess luggage.

The responsibility to obtain proper, current and valid passports, visas, re-entry permits, vaccinations, inoculations and the like, where required, is that of the CUSTOMER alone. VOYAGERS shall not be held responsible or liable for any consequences of any nature arising from the customer failing to ensure that he/she has complied with all such requirements. Any costs incurred by VOYAGERS in assisting such customer in the event of the above shall be recoverable from the customer in advance.

Any arrangements, whether for air travel, accommodation or otherwise which are made by VOYAGERS on behalf of the TOUR OPERATOR and/or CUSTOMER shall be subject to the standard terms and conditions of the service provider which will be applicable and shall bind the TOUR OPERATOR and/or CUSTOMER.  VOYAGERS, as agents on behalf of the principle, shall not be liable for any loss or damages which the TOUR OPERATOR and/or CUSTOMERS may not be able to recover from the service provider by virtue of the applicability of such terms and conditions.

The CUSTOMER and/or PURCHASOR shall be liable to pay the cost of the original RESERVATION and any additional RESERVATIONS not included in the original itinerary.

10. VARIATIONS

The TOUR OPERATOR and/or CUSTOMER acknowledges that these complete standard trading terms and conditions are incorporated in and form part of THE TARIFF and may be altered from time to time. This document together with VOYAGERS’ standard booking form or rental agreement; invoice and itinerary, constitutes the sole record of the RESERVATION agreement between the parties.  The TOUR OPERATOR and/or CUSTOMER acknowledges that the provisions of this RESERVATION agreement shall be deemed to be amended from time to time as and when VOYAGERS’ terms and conditions of trade are amended and extend to this RESERVATION agreement.

This RESERVATION agreement embodies the entire understanding of the parties and there are no terms, conditions or warranties, whether expressed or implied, other than those contained herein.

11. VOYAGERS RENTALS VEHICLE HIRE

Vehicles rented from Voyagers are subject to the Voyagers standard trading terms and conditions which are subject to change without notice. 

Our combination rates allow for 150 free kilometres per day and any additional distance is subject to our standard rate of charge.

24 HOUR BILLING PERIOD

Daily car rental rates run for a 24-hour period from the time the vehicle was rented.  Returning the vehicle after the check-out time leads to an additional day’s charge (1 hour’s grace is usually granted.)

DAMAGE AND THEFT WAIVERS

Voyagers requires that our vehicles are returned in the same condition as when rented, failing which, the full damage or loss expenses incurred will be passed on to the renter.

Voyagers offers a selection of Waivers which, if accepted and signed for, will reduce the renters responsibility for the expenses incurred as a result of accidental damage and/or theft, to a significantly lower excess amount.  Waivers can be taken for Accident Damage, Theft/Loss or both.  It is recommended that at time of rental you check the waiver with the rental staff member.

LIMITED COLLISION DAMAGE WAIVER (CDW) AND LIMITED THEFT LOSS WAIVER (TLW)

If the Renter accepts and pays for limited CDW and/or limited TLW and complies with the Terms and Conditions provided for in the Rental Agreement and herein, subject to the exceptions, the liability of the Renter for any damage or loss is limited to 10% of any one claim with a minimum excess of USD $200.  The maximum client liability is USD$1000 for any one claim.  Failure to comply with the said Terms and Conditions renders the Renter liable for the full value of any damage or loss.  The Renter is liable for all third party claims.

FULL COLLISION DAMAGE WAIVER (CDW) AND FULL THEFT LOSS WAIVER (TLW)

If the Renter accepts and pays for full CDW and/or Full TLW and complies with the Terms and Conditions provided for in the Rental Agreement and herein, subject to the exceptions, the liability of the Renter for any damage or loss is limited to a  maximum client liability of USD$100 for any one claim.  Failure to comply with the said Terms and Conditions renders the Renter liable for the full value of any damage or loss.   Voyagers is liable for third party claims to the maximum of K100 million (or the local equivalent thereof) and the Renter is liable for any balance.

DECLINING OF WAIVERS

If the Renter declines either of the above-mentioned waivers then the Renter is liable for the full value of any damage or loss, regardless of fault, and payment is due immediately upon presentation of invoice. A deposit equal to the value of the vehicle will be required.

OVERDUE RENTALS

A vehicle not returned on the date shown on the rental agreement is regarded as “overdue” for return and any waiver option taken will be negated in the event of an accident/theft occurring during the “overdue” period. 

ADDITIONAL DRIVERS

Should your rental vehicle be driven by a non-listed person and damage/theft be incurred, any waiver cover you may have taken, will be negated.

DRIVER’S LICENCE

It is a legal requirement to carry your driver’s licence on your person whenever you are behind the steering wheel of a vehicle.  Voyagers will require sight of an accepted, valid driving license and will take a photocopy of this licence prior to the Renter hiring the vehicle.

EXCLUSIONS

Irrespective of cover purchased, the Renter will be liable for the full value of the damage and/or loss where such damage or loss is sustained in circumstances including but not limited to the following:-

●      As a result of driver negligence.

●      Where the vehicle is driven by an unauthorised driver i.e. driver not specified as a driver or additional driver on the Rental Agreement.

●      Where the driver does not have a valid, unendorsed, licence to operate the hired class of vehicle on public roads.

●      Where the driver is less than 21 years old.

●      Where the driver of a motorcycle has less than 2 years off-road experience and the motorcycle has been driven off road.

●      Where the driver of a motorcycle has less than 2 years experience and the motorcycle has been driven on public roads.

●      Where accidents are not reported within 24 hours to the nearest Police Station

●      Where the vehicle has been taken beyond the borders of Zambia without the written permission of Voyagers.

●      Where the vehicle was being driven on a road not suitable for the vehicle type rented

●      Damage and/or loss – or the event giving rise thereto – where no other vehicle, person, animal or object was involved.

●      Acceptance of CDW does not cover the Renter for towing or recovery charges.

●      Where there has been a material breach of the Terms and Conditions of the Rental Agreement.

12. JURISDICTION

This document together with the VOYAGERS’ booking form or rental agreement; invoice and itinerary, constitutes the sole record of the RESERVATION agreement between the parties.  No party shall be bound by any representation, warranty and promise of the like not recorded herein.  No alteration or addition to any portion of the RESERVATION agreement shall be of any force or effect, unless in writing and signed by both parties hereto. 

All costs and disbursements, including legal costs on the attorney and CUSTOMER scale incurred by VOYAGERS in recovering any damages and payments payable by the CUSTOMER to VOYAGERS shall be for the CUSTOMERS’ account.

This RESERVATION agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of Zambia. Any RESERVATION made by the TOUR OPERATOR and/or CUSTOMER with VOYAGERS and any dispute of whatsoever nature which may arise therefrom shall be subject to the laws of Zambia and the TOUR OPERATOR and/or CUSTOMER consents to the exclusive jurisdiction of the High Court of Zambia for resolution of such dispute to the exclusion of the courts of any other country.

The parties hereby choose as their domicillium citandi et executandi for all notices and processes to be given and served in pursuance of this RESERVATION agreement at their respective addresses as given on the VOYAGERS’ booking form or Rental agreement.  Either party may change its domicillium by written notice, delivered by hand or sent by prepaid registered post, to the other party.   In this agreement, an expression, which denotes one gender, includes the other gender, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa.