Africaway Terms & Conditions

1. Contracting party

Your contract is with LuxeAway LLC d/b/a Africaway ("Africaway," "we," "us," or "our"). Africaway designs, arranges, and coordinates safari itineraries and related travel services through a network of independent accommodation providers, airlines, camps, guides, transport providers, park authorities, and other third-party suppliers.

Certain services included in your itinerary are performed by independent suppliers and may also be subject to their own terms, conditions, waivers, baggage rules, age restrictions, park regulations, and cancellation rules. Where a supplier imposes stricter rules for a specific component, those rules will apply to that component in addition to these Terms.

2. Quotes and availability

All quotations are subject to availability, supplier confirmation, routing, seasonality, minimum stay rules, permit availability, aircraft capacity, and payment being received on time.

No reservation is confirmed until:

1. Africaway has issued written confirmation; and
2. all required deposit amounts have been received in cleared funds.

Quoted rates may be based on current supplier tariffs, exchange rates, park and concession fees, taxes, fuel costs, and airfares in effect at the time of quotation.

3. Deposits and payment

Unless otherwise stated in writing, the following payment terms apply:

• A non-refundable deposit of 30% of the total itinerary price is due at confirmation.
• The final balance is due 75 days before arrival.
• For bookings made within 75 days of arrival, full payment is due at confirmation.

Africaway may require a higher deposit or full payment at confirmation for any component that is non-refundable, limited in supply, or subject to strict supplier rules, including but not limited to:

• gorilla or chimpanzee permits;
• internal or charter flights;
• private villas or exclusive-use properties;
• festive or peak-season stays;
• small camps with strict inventory controls;
• special events, private guides, or bespoke arrangements.

If payment is not received when due, Africaway may cancel the booking, release held space, and apply the cancellation charges in these Terms and any additional supplier charges.

All bank transfer charges, intermediary bank fees, card processing charges, and foreign exchange costs are the traveller's responsibility unless Africaway expressly agrees otherwise.

4. Inclusions and exclusions

Your confirmation invoice and final itinerary govern what is included.

Unless expressly listed as included, prices generally exclude:

• international flights;
• travel insurance;
• border fees, passport costs, vaccination costs, and health documentation;
• gratuities;
• spa treatments, and personal expenses;
• additional baggage, excess weight, or extra-seat charges;
• costs resulting from delays, missed connections, weather events, border closures, force majeure events, or traveller-caused changes;
• medical treatment or medical evacuation costs.

5. Price changes and errors

Africaway makes every effort to provide accurate prices. However, before final payment, we reserve the right to revise prices to reflect changes in:

• supplier rates;
• charter or scheduled air charges;
• fuel costs and surcharges;
• exchange rates;
• park, concession, conservation, visa, bed levy, VAT, tourism, or other government-imposed fees;
• taxes, duties, or service charges;
• transportation or security costs.

After final payment, Africaway may still pass through any increases that arise from government action, park or concession fee increases, new or increased taxes, airline or charter surcharges, or other mandatory supplier-imposed increases outside our reasonable control.

Africaway also reserves the right to correct obvious pricing, calculation, or administrative errors at any time. If a material correction is required after booking, you may accept the corrected price or cancel the affected service, in which case Africaway will refund amounts paid for the cancelled service less any non-recoverable supplier costs already incurred.

6. Changes or cancellation by the traveller

Any cancellation request must be made in writing and becomes effective only when received by Africaway in writing.

Amendments requested by the traveller

All confirmed bookings are final. Africaway is under no obligation to accept any requested change to travel dates, accommodations, routing, flights, permits, activities, or other booked services.

Once dates, accommodations, and core itinerary elements are confirmed, they are considered locked.

If Africaway agrees, in its sole and absolute discretion, to consider a requested change, such change may be treated as a cancellation and rebooking of part or all of the itinerary. In that event, the traveller will be responsible for:

• an administrative amendment fee of $300 USD per change;
• any supplier change fees, reissue costs, fare differences, permit penalties, repricing increases, or administrative costs charged by Africaway or any third party supplier; and
• any non-refundable amounts already paid or committed.

Africaway may decline any requested change for any reason, including operational impracticability, supplier refusal, loss of availability, permit restrictions, pricing changes, or timing.

Cancellation charges

Unless a stricter supplier rule applies, the following cancellation charges apply per traveller:

• 75 days or more before arrival: the non-refundable deposit is forfeited
• 74 to 31 days before arrival: a cancellation charge equal to 50% of the total invoiced booking price applies, inclusive of any non-refundable deposit already paid
• 30 days or fewer before arrival: a cancellation charge equal to 100% of the total invoiced booking price applies

Cancellation charges will be applied against amounts already paid. Africaway shall be entitled to retain from sums received the applicable cancellation charge and any additional non-refundable third-party supplier charges. In no event shall the traveller's total liability exceed the total invoiced booking price.

In the event that any third-party supplier imposes a higher cancellation penalty, permit forfeiture, charter penalty, ticket penalty, or other non-refundable amount, that amount will be added to the total amount payable at any stage of cancellation.

No refund will be given for:

• unused portions of the trip;
• missed services due to late arrival, no-show, delayed flights, denied boarding, illness, injury, death, or any other personal circumstance;
• voluntary withdrawal from any activity;
• services not taken by personal choice; or
• early departure.

Illness, hospitalisation, death, family emergency, or any other personal circumstance will not be grounds for any refund, waiver, reduction, credit, or exception to the cancellation charges set out above.

7. Gorilla, chimpanzee, and other restricted permits

For itineraries that include gorilla trekking, chimpanzee tracking, habituation experiences, golden monkey tracking, or any other controlled or permit-based activity:

• permits are limited, date-specific, and subject to government or park authority rules;
• permit fees may require immediate payment in full at confirmation;
• permit fees are typically non-refundable and non-transferable once secured, unless the relevant authority expressly authorizes otherwise;
• rescheduling is not guaranteed and may be subject to authority approval, documentary proof, and fees;
• minimum age rules, illness restrictions, health screenings, and park briefing rules are strictly enforced by the relevant authority and may result in denied participation without refund;
• if a traveller is denied participation for health, fitness, documentation, age, or late-arrival reasons, standard cancellation rules will apply.

Where the itinerary includes Rwanda or Uganda primate permits, the traveller acknowledges that these services are governed by authority rules that may change without notice.

8. Changes or cancellation by Africaway

Africaway reserves the right to change an itinerary before or after departure where necessary for operational, safety, weather, conservation, wildlife, supplier, transport, or force majeure reasons.

Examples include:

• camp or lodge closure;
• aircraft weight or routing restrictions;
• weather, floods, fire, road closure, or airstrip closure;
• security or public health concerns;
• supplier insolvency, overbooking, or withdrawal of services;
• government restrictions or park authority directives;
• wildlife movement or conservation-related operational changes.

Where reasonably possible, Africaway may substitute a service of comparable standard. If a substitute is of materially lower value, Africaway may refund the difference between the affected components, less any unrecoverable third-party costs. No additional compensation will be payable for changes required by force majeure, safety, wildlife, government action, or supplier failure outside our reasonable control.

Africaway may cancel a booking if:

• required payments are not received on time;
• the traveller fails to provide required information or documents;
• the traveller's behaviour, medical condition, or non-compliance presents a safety, legal, or operational risk;
• a supplier or authority refuses service to the traveller for lawful reasons.

9. Force majeure

Africaway shall not be liable for failure, delay, changes, curtailment, or cancellation caused by events beyond our reasonable control, including but not limited to:

• acts of God;
• extreme weather, flood, drought, wildfire, earthquake, epidemic, or pandemic;
• war, terrorism, civil unrest, riot, sanctions, embargo, or border closure;
• strikes, industrial action, or utility failure;
• airline, charter, or carrier disruption;
• park, concession, or government closures or restrictions;
• conservation measures, wildlife emergencies, or environmental conditions;
• supplier insolvency or non-performance outside our control.

In such events, Africaway may make itinerary changes, postpone services, provide supplier credits where available, or cancel the affected arrangements. Any refunds will be limited to sums actually recovered by Africaway from suppliers, less unrecoverable costs and reasonable administrative expenses, unless applicable law requires otherwise.

Any additional expenses caused by force majeure, including hotels, meals, rebooking costs, medical costs, evacuation costs, or onward travel expenses, are the traveller's responsibility and should be covered by travel insurance.

10. Travel insurance

Comprehensive travel insurance is a condition of travel with Africaway.

Each traveller must maintain adequate insurance covering, at a minimum:

• medical expenses;
• emergency evacuation and repatriation;
• trip cancellation and interruption;
• baggage and personal effects;
• personal liability;
• safari and adventure activities included in the itinerary.

Africaway may require proof of insurance at any time before departure or during travel. Failure to obtain adequate insurance may result in cancellation of the booking without refund.

11. Assumption of risk and safari conditions

The traveller acknowledges that safari and adventure travel in Africa involves inherent and elevated risks, including but not limited to:

• travel in remote areas with limited infrastructure, communications, or medical facilities;
• encounters with wild, dangerous, or unpredictable animals;
• rough roads, bush flights, boats, helicopters, walking safaris, mokoro or canoe excursions, horseback safaris, and other physically demanding or weather-dependent activities;
• communicable, tropical, and other diseases;
• changing weather, terrain, river levels, and environmental conditions;
• delays, rerouting, aircraft weight restrictions, or operational changes.

The traveller voluntarily assumes these risks for themselves and all minors or dependants included in the booking party.

Africaway, its officers, employees, agents, and suppliers shall not be liable for injury, illness, death, loss, delay, discomfort, or damage arising from the inherent risks of safari travel, except to the extent caused by our gross negligence, fraud, or wilful misconduct, or where liability cannot lawfully be excluded.

12. Medical condition, fitness, and special requirements

The traveller must disclose before booking any medical condition, mobility limitation, dietary issue, allergy, pregnancy, disability, weight issue relevant to aircraft safety, or other circumstance that may affect travel or participation.

Africaway and suppliers may refuse participation in certain activities if, in their reasonable judgment, participation would be unsafe or contrary to supplier or park rules. No refund is due where non-participation results from failure to disclose relevant information, lack of fitness, refusal by a supplier, or non-compliance with official rules.

If a traveller becomes ill or injured, Africaway may assist in arranging medical treatment or evacuation, but all such costs remain the traveller's responsibility.

13. Baggage, weight, and transport rules

Bush flights, light aircraft, helicopters, and certain road or boat transfers are subject to strict baggage and passenger-weight limitations.

Unless otherwise stated, travellers should assume that:

• soft-sided luggage is required;
• standard regional or bush-flight luggage allowances may be low;
• excess baggage may be refused, delayed, or charged separately;
• additional aircraft seats may be required for safety based on body weight, dimensions, or aircraft operator policy.

The traveller is responsible for ensuring that all names, passport details, dates of birth, and other information provided to Africaway exactly match the traveller's passport and are supplied in time. Africaway is not responsible for costs arising from incorrect information supplied by the traveller.

14. Travel documents, visas, vaccinations, and border rules

The traveller is solely responsible for obtaining and carrying valid passports, visas, eTAs, travel authorisations, permits, parental consent documents, health certificates, vaccination records, and any other travel documents required for the itinerary.

Africaway may, for certain itineraries, include the cost of a standard tourist visa or visa-equivalent travel authorisation in the itinerary price and may assist the traveller with the visa application process. However, visa issuance, eTA approval, travel authorisation, admissibility, and entry permission remain at all times solely within the discretion of the relevant embassy, consulate, immigration authority, border authority, or government body.

Africaway does not represent, warrant, or guarantee that any visa, eTA, travel authorisation, or entry approval will be granted, issued on time, or honoured at the border. By booking, the traveller expressly acknowledges and accepts this risk.

A traveller may elect to decline Africaway's visa-application assistance and make their own arrangements at any time before final payment, provided that such election is made in writing. If the traveller does so before final payment and before Africaway has paid, submitted, or irrevocably committed the standard government visa fee on the traveller's behalf, Africaway will credit or deduct from the itinerary price the amount of the standard government visa fee included in the booking.

No credit, refund, or deduction will be due for Africaway's visa-related assistance, administrative work, document review, courier charges, platform charges, translation costs, third-party processing costs, expedited processing costs, or any visa fee already paid, submitted, or committed.

If the traveller elects not to use Africaway's visa-application assistance, the traveller remains solely responsible for obtaining all required visas, approvals, and travel documents in time for travel. In such case, Africaway shall have no responsibility or liability whatsoever for the application, filing, accuracy, timing, follow-up, approval, refusal, delay, cancellation, or consequences of any self-managed or third-party-managed visa process.

Denied boarding, denied entry, visa refusal, delayed approval, cancellation of approval, missed services, or losses caused by missing, incorrect, delayed, refused, or incomplete documentation are entirely the traveller's responsibility, and standard cancellation terms will apply without exception.

This includes, without limitation, passport validity and blank-page requirements, yellow fever or other vaccination certificates, entry, transit, visa, e-visa, or eTA requirements, parental consent or minor travel documentation, and customs, immigration, and health declarations.

15. Child policy and age limits

Children and minors may be subject to strict age restrictions by camps, airlines, lodges, guides, parks, or activity operators. Certain camps require private vehicles or private-use arrangements for young children, and some activities have fixed minimum ages.

It is the traveller's responsibility to ensure that the ages of all children are correctly disclosed at booking. If a supplier denies participation because of age rules, no refund will be due unless Africaway recovers funds from the supplier.

16. Supplier terms and carrier conditions

Accommodation providers, air carriers, charter operators, helicopter companies, boat operators, guides, and other suppliers operate under their own conditions of carriage and service.

Air transport is additionally subject to the conditions of the relevant carrier and any applicable international conventions. Africaway is not responsible for airline schedule changes, missed connections, strikes, overbooking, lost baggage, denied boarding, or operational decisions made by carriers.

17. Traveller conduct and removal

Africaway and its suppliers reserve the right to refuse or terminate a traveller's participation, without refund, if the traveller:

• behaves in a dangerous, unlawful, abusive, disruptive, reckless, or intoxicated manner;
• fails to follow guide, camp, airline, park, or safety instructions;
• endangers themselves, wildlife, staff, local communities, or other travellers.

The traveller is responsible for all costs resulting from such removal.

18. Complaints and claims procedure

If a problem arises during travel, the traveller must notify the relevant camp, guide, or local supplier immediately and also notify Africaway as soon as reasonably possible so that an attempt can be made to resolve the issue during the trip.

Any post-travel complaint or claim must be submitted in writing to Africaway within 14 days after the end of the trip, together with supporting documents. Failure to notify Africaway promptly may reduce or defeat the claim to the extent that the delay prejudiced our ability to investigate or mitigate the issue.

19. Chargebacks and payment disputes

If you dispute a charge, you agree to notify Africaway in writing first and provide a reasonable opportunity to review and respond before initiating a card chargeback, except in cases of actual fraud.

Africaway reserves the right to contest any improper chargeback and to recover associated fees, unrecoverable supplier charges, collection costs, and legal expenses where permitted by law.

20. Limitation of liability

To the fullest extent permitted by law:

• Africaway shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential losses, including loss of enjoyment, loss of profits, loss of opportunity, or emotional distress;
• Africaway shall not be liable for the acts, omissions, defaults, insolvency, or operational failures of independent suppliers, carriers, or authorities, provided that Africaway exercised reasonable care in arranging the services;
• Africaway's total aggregate liability arising out of or in connection with any booking shall not exceed the total amount actually paid by the traveller to Africaway for the affected booking.

Nothing in these Terms excludes or limits liability where such exclusion is prohibited by applicable law, including liability for death or personal injury caused by negligence where non-excludable, fraud, or wilful misconduct.

21. Privacy and data sharing

In order to quote, arrange, confirm, and operate your itinerary, Africaway may collect, use, store, and share personal data with suppliers, insurers, payment processors, professional advisers, and government or park authorities where reasonably necessary.

By booking, you consent to the use and transfer of your information for travel-operational purposes in accordance with Africaway's Privacy Policy.

22. Governing law and dispute resolution

These Terms and any booking made through Africaway shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any dispute that cannot be resolved informally shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and the traveller consents to that jurisdiction and venue.

23. Severability and entire agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms, together with the itinerary, confirmation invoice, supplier notices, waivers, and any written special conditions issued by Africaway, form the entire agreement between the parties.

24. Country- and itinerary-specific addenda

Africaway may issue country-specific or itinerary-specific addenda that form part of the contract, including for:

• Rwanda and Uganda primate permits;
• Kenya, Tanzania, Uganda, Botswana, Namibia, Zambia, and other bush-flight baggage and weight rules;
• child minimum ages and private-vehicle requirements;
• migration or mobile-camp routing changes;
• conservation, park, concession, and bed levy changes;
• health-entry or border requirements.

Where a written addendum conflicts with these Terms for a specific trip component, the addendum will control for that component only.