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General Terms and Booking Conditions

General and Special Travel Terms and Conditions ReWild Away – 11/01/2024

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  1. GENERAL TERMS OF THE DISPUTE COMMITTEE

 

Article 1: Scope.

 

These General Terms and Conditions apply to package travel contracts booked from July 1, 2018 and are governed by the Belgian Law on the Sale of Package Travel, Linked Travel Arrangements and Travel Services of November 21, 2017.

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Article 2: Information of the organizer and the retailer before the conclusion of the package travel contract

 

§ 1. The organizer and also the reseller, shall provide to the traveler, before he is bound by a package travel contract, the legally prescribed standard information as well as, insofar as it is applicable to the package travel:

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1° the main characteristics of the travel services:

(a) the travel destination(s), itinerary and periods of stay, with dates and number of nights;

b) the means of transport, their characteristics and categories, the places, and dates and times of departure and return, the duration and place of intermediate stops and connections, if the exact time has not yet been determined, this shall be communicated approximately.

(c) the location, main characteristics and category of accommodation according to the rules of the country of destination;

(d) the meals provided

(e) the visits, excursions or other services included in the total price agreed for the package trip;

(f) in case this is not clear, whether the travel services are provided to the traveller as a member of a group

(g) the language in which the other tourist services, if any, will be provided;

(h) whether the trip is generally suitable for persons with reduced mobility;

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2° the total price of the package tour, and where applicable, indication of the type of additional costs that may still be borne by the traveler;

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3° the methods of payment;

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4° the minimum number of persons required to carry out the package trip and the deadline for possible cancellation of the contract if this number is not met;

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5° general information on passport and visa requirements in the country of destination, including the approximate time required to obtain a visa and information on applicable health formalities;

 

6° the indication that the traveler may cancel the contract upon payment of a cancellation fee;

 

7° information on cancellation and/or assistance insurance;

 

§ 2 The professional shall ensure that the appropriate standard form is provided to the traveler;

 

§ 3 The pre-contractual information provided to the traveler is an integral part of the package travel contract. It cannot be changed except by mutual agreement of the parties.

 

Article 3: Information due to the traveler

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1. The person concluding the package travel contract shall provide the organizer and the retailer with all useful information concerning himself and his fellow travellers which may be relevant to the conclusion or performance of the package travel contract.

 

2. If the traveler provides false information and this leads to additional costs for the organizer and/or retailer, such costs may be charged.

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Article 4: The package travel contract

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§ 1° Upon conclusion of the package travel contract or within a reasonable period of time, the organizer or, if a retailer is involved, the retailer shall provide the traveler with confirmation of the contract on a durable medium, such as an e-mail, a paper document or a PDF.

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2° If the package travel contract is concluded in the simultaneous physical presence of the parties, the traveler shall be entitled to request a paper copy.

 

§ 2: The package travel contract or its confirmation shall contain the full content of the contract, including all the information, as mentioned in Article 2, and the following information:

 

1° the special wishes of the traveler to which the organizer has agreed;

 

2° that the organizer is liable for the proper execution of the package tour and has an obligation of assistance;

 

3° the name and contact details of the entity in charge of insolvency protection;

 

4° the name, address, telephone number, e-mail address of the local representative of the organizer or other service in case the traveler is in difficulty or to complain about possible non-conformity;

 

5° the traveler's obligation to report the non-conformity during the trip;

 

6° information allowing direct contact with an unaccompanied minor or with the person responsible for him at his place of residence;

 

7° information on internal complaint handling;

 

8* information about the Travel Dispute Commission and the E.U. online dispute resolution platform;

 

9° information on the traveler's right to transfer his contract:

 

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§ 3: In good time before the start of the package tour, the organizer shall provide the traveler with:

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1° the necessary receipts;

 

2° vouchers and tickets;

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3° information on scheduled departure times and, if applicable, on the latest time for check-in, scheduled times of intermediate stops, connections and arrivals.

 

Article 5: Price revision 

 

§ 1

 

1° After the conclusion of the package travel contract, prices may only be increased if the contract expressly provides for this.

 

2° In this case, the package travel contract shall specify how the price revision is calculated.s

 

3° Price increases are only permitted as a direct result of changes in:

 

(a) the price of passenger transport attributable to the increased cost of fuel or other energy sources; or

 

(b) the level of taxes or fees on the travel services included in the contract, levied by third parties not directly involved in the performance of the package tour including tourist taxes and departure or arrival taxes at ports and airports, or

 

(c) exchange rates relevant to the package tour or

 

(d) government authorities raising the cost of national park entrance fees.

 

4° If a price increase is anticipated, the traveler is entitled to a price reduction in the event of a decrease in the costs listed above.

 

§ 2: If the increase exceeds 8% of the total price, the rules on modification shall apply.

 

§ 3: A price increase is only possible if the organizer notifies the traveler at least twenty days before the start of the package tour via a durable data medium, such as e.g. an email, a paper document or the PDF, stating a justification for that price increase and a calculation.

 

§ 4: In the event of a price reduction, the organizer shall be entitled to deduct the administrative costs from the refund due to the traveler. If the traveler so requests, the organizer shall substantiate these costs.

 

 

Article 6: Payment of the travel sum.

 

1. Unless otherwise agreed, the traveler, upon entering into the package tour contract, shall pay, as an advance payment, a portion of the total travel price as stipulated in the special conditions.

 

2. Unless otherwise agreed in the package travel contract, the traveler shall pay the balance of the price no later than one month before the departure date.

 

3. If the traveler, after having been given prior notice, fails to pay the advance or the travel price demanded of him, the tour operator and/or the retailer shall be entitled to terminate the contract with the traveler ipso jure, with the costs borne by the traveler.

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Article 7: Transferability of the package travel contract 

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§ The traveler may transfer the package travel contract to a person who satisfies all the conditions applicable to that contract provided that he/she:

 

  1. notifies the organizer and possibly the retailer as soon as possible and no later than seven days before the start of the package tour via a durable medium, such as an e-mail, a paper document or a PDF, and

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  1. bears any additional costs resulting from the transfer.

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§ The one who transfers the package tour contract and the one who takes over the contract shall be jointly and severally liable for the payment of the amount still due and for any additional fees, resulting from the transfer. The organizer shall notify the person transferring the contract of the cost of the transfer.

 

 

Article 8: Other changes by the traveller

 

If the traveler requests another change, the travel organizer and/or the retailer who may respond may charge all costs incurred as a result.

 

Article 9: Modification by the tour operator before departure 

 

§ 1: The organizer cannot unilaterally change the terms of the package travel contract, with the exception of price changes before the start of the package travel, unless:

 

1° the organizer has reserved this right in the contract, and

 

2° the change is insignificant, and

 

3° the organizer informs the traveler thereof by means of a durable data carrier, such as an e-mail, a paper document or a PDF.

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§ 2: 1° If, before the start of the journey, the organizer finds himself obliged to significantly modify one of the main characteristics of the travel services or is unable to meet the confirmed particular wishes of the traveller, or proposes to increase the price of the package trip by more than 8%, the organizer shall inform the traveller of this and notify him accordingly:

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(a) of the proposed changes and their effect on the price of the package tour;

(b) of the possibility of canceling the contract without cost, unless he accepts the proposed changes;

(c) of the time limit within which he must notify the organizer of his decision;

(d) of the fact that if he does not expressly accept the proposed change within the specified period, the contract shall be automatically terminated; and

(e) where appropriate, the proposed substitute package tour and its price.

 

§ 3: If the modifications of the package travel contract or the substitute package travel have the effect of reducing the quality or the cost of the package travel, the traveler shall be entitled to an appropriate price reduction.

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§ 4: If the package travel contract is cancelled pursuant to §2 and the traveler does not accept a substitute package travel, the organizer shall refund to the traveler all sums paid not later than fourteen days after the cancellation of the contract.

 

Article 10: Cancellation by the organizer before departure

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§ The organizer may cancel the package travel contract:

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1° if the number of persons registered for the package tour is less than the minimum number specified in the contract and the traveler is notified by the organizer of the cancellation of the contract within the period specified in the contract, but at the latest:

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(a) twenty days before the start of the package trip for trips of more than six days;

b) seven days before the start of the package trip for trips of two to six days;

c) 48 hours before the start of the package trip for trips lasting less than two days; or

 

2° if he cannot perform the contract due to unavoidable and extraordinary circumstances and he notifies the traveler before the start of the package trip that the contract is cancelled.

 

§ 2. In these cases, the organizer shall refund to the traveler all sums received for the package trip, without being liable for additional compensation.

 

Article 11: Cancellation by the traveller

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§ 1

 

1° The traveler may cancel the package travel contract at any time before the start of the package trip. Upon cancellation, the traveler may be required to pay a cancellation fee to the organizer.

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2° The package travel contract may stipulate standardized cancellation fees based on the time of cancellation before the start of the package trip and the expected cost savings and revenue from alternative use of the travel services.

 

3° If no standardized cancellation fees are determined, the amount of the cancellation fee shall correspond to the price of the package tour minus the cost savings and revenues from alternative use of the travel services.

 

§ 2:

 

1° However, if unavoidable and extraordinary circumstances occur at the destination which have a significant impact on the execution of the package tour or which have a significant impact on the passenger transport of the travellers to the destination, the traveler shall be entitled to cancel the package tour contract without payment of a cancellation fee.

 

2° In the event of cancellation of the package travel contract pursuant to this article, the traveler shall be entitled to a full refund of all sums paid for the package travel, but shall not be entitled to additional compensation.

 

§ 3: The organizer shall refund, at the latest within fourteen days, all sums paid by or on behalf of the traveler, less the cancellation fee.

 

Article 12: Non-conformity during the journey

 

§ 1: The traveler shall without delay notify the organizer of any non-conformity which he has observed during the performance of any travel service included in the package travel contract.

 

§ 2: If one of the travel services is not performed in accordance with the package travel contract, the organizer shall remedy that non-conformity, unless it is:

 

1° impossible, or

 

2° involves disproportionately high costs, taking into account the degree of non-conformity and the value of the travel services in question.

 

3° If the organizer does not remedy the non-conformity, the traveler shall be entitled to a price reduction or to compensation in accordance with Article 15.

 

§ 3

 

1° If the organizer does not remedy the non-conformity within a reasonable period determined by the traveler, the traveler shall have the option of doing so himself and requesting reimbursement of the necessary expenses.

 

2° It is not necessary for the traveler to set a deadline if the organizer refuses to remedy the non-conformity, or if an immediate solution is required.

 

§ 4:

 

1° If a significant portion of the travel services, cannot be provided, the organizer shall offer, at no additional cost to the traveler, other arrangements of, if possible, equivalent or higher quality.

 

2° If the other arrangements proposed result in a package holiday of lower quality, the organizer shall grant the traveller an appropriate price reduction.

 

3° The traveler may reject the other proposed arrangements only if they are not comparable to what was agreed in the package travel contract, or if the price reduction granted is insufficient.

 

§ 5

 

1° If the non-conformity has significant consequences for the implementation of the package travel and the organizer has not remedied it within a reasonable period set by the traveler, the traveler may cancel the package travel contract without payment of a cancellation fee and, where applicable, request a price reduction and/or compensation.

 

2° If the package tour includes passenger transportation, the organizer shall also provide for repatriation of the traveler.

 

3° If no other arrangements can be proposed or the traveller rejects the other arrangements proposed, the traveller, if applicable, even without cancellation of the package travel contract, is entitled to a price reduction and/or compensation.

 

§ 6: If, as a result of unavoidable and extraordinary circumstances, it is not possible to arrange for the return of the traveler as agreed in the package travel contract,

the organizer shall bear the costs of the necessary accommodation, for a maximum of three nights per traveler.

 

§ 7: The limitation of costs provided for in §6 shall not apply to persons with reduced mobility, to persons accompanying them, to pregnant women, to unaccompanied minors and to persons needing specific medical assistance, provided that the organizer has been informed of their special needs at least 48 hours before the start of the package tour.

 

§ 8: The organizer may not invoke unavoidable and extraordinary circumstances to limit liability if the carrier concerned cannot invoke them under applicable Union law.

 

§ 9: The traveler may address messages, requests or complaints relating to the performance of the package tour directly to the retailer from whom he purchased the package tour.  The retailer shall forward such messages, requests or complaints to the organizer without delay.

 

Article 13: Liability of the traveller

 

The traveler is liable for damages incurred by the organizer and or reseller, their appointees and/or representatives due to his fault, or when he has not fulfilled his contractual obligations.

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Article 14: Liability of the organizer and the professional

 

  1. The organizer shall be liable for the performance of the travel services included in the package travel contract, whether these services are provided by the organizer or by other travel service providers.

 

  1. If the organizer is established outside the European Economic Area, the reseller established in a Member State shall be subject to the obligations for organizers, unless the reseller proves that the organizer meets the conditions prescribed by the law of 21/11/2017.

 

Article 15: Price reduction and compensation

 

§ 1: The traveller shall be entitled to an appropriate price reduction for any period during which there was non-conformity of the services provided, unless the organizer proves that the non-conformity was due to the traveller.

 

§ 2: The traveler shall be entitled to appropriate compensation from the organizer for any damage incurred as a result of non-conformity. The compensation shall be paid without delay.

 

§ 3: The traveller shall not be entitled to compensation if the organiser proves that the non-conformity is due to:

 

1° the traveller;

 

2° a third party not involved in the performance of the travel services included in the package travel contract, and the non-conformity could not have been foreseen or prevented; or

 

3° unavoidable and extraordinary circumstances.

 

Article 16: Obligation of assistance

 

§ 1: The organizer shall provide appropriate assistance without delay to the traveler who is in difficulty, in particular by:

 

1° providing useful information on medical services, local authorities and consular assistance;

 

2° helping the traveler to use remote communication and to find other travel arrangements.

 

§ 2: If the difficulties are the result of intent or negligence on the part of the traveler, the organizer may request compensation for this assistance. Such compensation shall in no case exceed the actual costs borne by the organizer.

 

 

Article 17: Complaints procedure

 

  1. If the traveler has a complaint before departure, the traveler must submit it to the retailer or tour operator by durable data carrier as soon as possible.

 

  1. Complaints during the performance of the package travel contract must be reported by the traveller as soon as possible on site, in an appropriate and probative manner, so that a solution can be sought.

 

  1. If a complaint is not satisfactorily resolved on site or if it is impossible for the traveller to make a complaint on site, he must make his complaint to the retailer or tour operator by durable medium at the latest one month after the end of the package travel contract.

 

 

Article 18: Reconciliation procedure

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1. In case of dispute, the parties must first seek an amicable settlement among themselves.

 

2. If this attempt at an amicable settlement fails, each of the parties involved may ask the non-profit organization Disputes Committee to initiate a conciliation procedure. All parties must agree to this.

 

3. To this end, the Secretariat shall provide the parties with conciliation regulations and a "conciliation agreement".

 

4. In accordance with the procedure described in the regulations, an impartial conciliator will thereafter contact the parties in order to pursue an equitable reconciliation between the parties. Any agreement reached will be recorded in a binding written agreement.

 

Article 19: Arbitration or Court

 

1. If conciliation proceedings are not instituted or fail, the claimant may, if it so desires, institute arbitration proceedings before the Travel Disputes Committee or commence proceedings in court.

 

2. The traveler can never be obliged to accept the jurisdiction of the Travel Disputes Committee; either as plaintiff or defendant.

 

3. The organizer or retailer who is the defendant may refuse arbitration only if the amount claimed by the plaintiff exceeds 1250 €.

It shall have a period of 10 calendar days from receipt of the notice sent by durable medium indicating that a claim of more than € 1250 has been lodged with the Travel Disputes Committee.

 

4. This arbitration procedure is governed by dispute regulations, and can only be initiated after a complaint has been lodged with the company itself as soon as it has been established that the dispute could not be settled amicably or as soon as four months have passed since the (anticipated) end of the trip (or possibly since the service that gave rise to the dispute).

 

5. Disputes related to bodily injuries can only be settled by the courts.

 

6. The jointly composed arbitral tribunal, in accordance with the dispute regulations, makes a binding and final ruling on the travel dispute. No appeal is possible.

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2. SPECIAL TRAVEL TERMS AND CONDITIONS

 

2.1. ReWild Away

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Article 1: Specific to the destination

 

The roads in Tanzania / what happens in case of breakdown on the road:

The roads in Tanzania are of significantly lower quality than for example in Europe. As a result, travel times are not easy to estimate. Moreover, the vehicles have to endure a lot. The risk of breakdown on the road is therefore real. Replacement transport or a garage are hardly present. ReWild Away has a team on site, so a breakdown is often fixed within a few hours.

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Insurance

You are required to have insurance while traveling. We highly recommend cancellation and assistance insurance. We can help you with this.

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Article 2: Prices

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1. The agreed price in the package travel contract is - except for obvious material error - fixed and all mandatory services are included, except those which, due to local regulations, can only be paid by the traveler in cash on the spot.

 

2. The price is indicated per person.

 

3. Prices include all activities, meals & lodging indicated on the order form.

 

4. Not included are costs for passport, visa, vaccinations, insurances; all personal expenses; gratuities and optional excursions not expressly mentioned as included. Also not included are the recommended tips for your private guide/driver. The guideline here is USD 25 per day.

 

5. Prices given verbally or by phone by our reservation service are always subject to change. Only written price confirmations are valid.

 

6. Files on request, unless they result in a firm booking, are always subject to a file fee (amount on request).

 

7. Files that deviate from the standard program are subject to a surcharge of (amount on request) per file.

 

8. Price increases: see article 5 of the General Conditions of the Disputes Committee.

 

9. Payment and reservation conditions: A 30% deposit must be paid to confirm a reservation. For all bookings within 90 days, the deposit is non-refundable. A balance payment of 70% is due 40 days prior to the arrival date.

 

Article 3: Formalities

 

1. The traveler must take note of the information regarding the formalities to be fulfilled that are communicated to him/her in the brochure or by the travel agent/reseller. He/she must be in possession of valid (not expired) identity documents for the booked trip. The international travel passport must be valid for at least 6 months after the scheduled return. He/she is also responsible for obtaining the necessary visas. Travellers of non-Belgian nationality must spontaneously communicate their nationality.

 

2. Children must have a travel identity card/passport with photograph. Children who are not accompanied by their parents must present documents on which the parents give their permission to travel alone, stating the date of arrival and departure from the country concerned, as well as the address where they are spending their vacations and their home address in their country of residence.

 

3. In case of non-compliance with the legal regulations of the country concerned, the resulting damage shall be borne by the traveler.

 

4. The traveler must vouch for any vaccinations and necessary medication. Since the organizer has no medical competence, the traveler should evaluate the information provided with a licensed physician.

 

5. Pets can be taken on the trip provided that the specific guidelines provided by the organizer are taken into account. In any case, they must be in line with vaccination requirements. However, the organizer accepts no responsibility in case of possible damage or difficulties arising from taking pets. Pets are also not allowed on game drives in the national parks.

 

Article 4: Luggage

 

If baggage is lost or damaged, the traveler must complete a property irregularity report at the airport's lost baggage department. Without this document it is impossible to obtain compensation. If transported by coach, a certificate must be requested from the accompanying staff member. ReWild Away is not responsible for lost or damaged luggage. Travellers are also advised to bring soft shell duffle bags weighing no more than 15kg in case they will be taking local flights.

 

Article 5: Hours of operation

 

The stated time schedules are indicative. The traveler should take into account in all circumstances that they may be changed both before and during the trip.

 

Article 6: Registration, cancellation and modification

 

1. Whoever registers other participants is liable for compliance with the General and Special Terms and Conditions by the persons he registers.

 

2. The cancellation fee is variable according to the time of cancellation. The exact date of cancellation is determined by the date of receipt by the organizer. All amounts are indicated per person.

 

3. Cancellation conditions:

 

up to 62 days before departure: 50 % of the travel sum*

 

from 62 days before departure: 100% of the travel sum*.

 

If you have a valid reason for your cancellation, your cancellation insurance will cover the cancellation costs (if you have cancellation insurance).

 

(*) If the full cost of the airfare is included in the deposit, the cancellation fee consists of the full cost of the airfare plus the stated percentage of the land package.

 

4. In case of advance payment by the organizer of accommodation or other services, or according to the specific conditions for cruises, tours, certain hotels, flights, etc., the cancellation fees for these items may reach 100%.

 

5. Cancellation insurance premiums are not refundable.

 

6. Changes to a booked trip will be accepted subject to payment of the fees below, in addition to the normal price adjustment. E.g.: up to 30 days before departure: 15 € per person. less than 30 days before departure: 25 € per person.

 

7. If the cancellation or change is forwarded on a Saturday, Sunday or public holiday, it is opposable to the organizer only on the next working day.

 

8. In case of late payment of the balance, the organizer, after a formal notice at the charge of the subscriber, has the right to cancel the package travel contract and apply the contractual cancellation conditions.

 

Article 7: Liability

 

1. The information contained in this document was prepared according to data known to us up to six months before its publication. If changes occur in operation, facilities and services of the offered products, they will be communicated immediately after becoming known to the organizer.

 

2. The performances of the organizer shall commence and end at the embarkation point.

 

Article 8: Complaints procedure

 

1. The traveler shall, in an evidentiary manner, promptly notify the organizer of any non-conformity he experiences during the performance of the package tour contract.

 

2. The equivalent value of services not received will be refunded only upon submission of a written attestation from the service provider concerned, clearly indicating the services not received by the traveler.

 

3. For any disputes that cannot be resolved through the Disputes Committee, only the courts of (local in Belgium) jurisdiction will be competent.

 

Article 9: Text offers

 

The sale offers/information in our brochures, newsletters, on our website and social media are made in good faith based on data available at the time.

 

Article 10: Travel advisories.

 

The traveler acknowledges having been duly informed of the exceptional circumstances caused by the coronavirus crisis that may affect his travel, and of the pandemic situation at his travel destination. He has also taken note of the current travel advice from the FPS Foreign Affairs warning that non-essential travel from Belgium to countries outside the European Union is strongly discouraged for unvaccinated travellers. (https://diplomatie.belgium.be/nl). The traveler therefore declares to be fully aware of the risks that the coronavirus entails for the smooth course of his/her trip and decides to leave on his/her trip in full knowledge of the facts.

 

Article 11: Validity of offer

 

An offer is valid for two weeks (for both the available accommodations and the price). The accommodations are always subject to availability.

 

Article 12: Safety

 

Certain activities within the parks require specific permits, such as guided hikes, climbing, specialized safaris or the use of a drone. If you wish to undertake any of these activities, please discuss this with us at the latest 30 days prior to commencement so that we can assist or advise you in obtaining the appropriate permits. In case of drone use, please discuss this with us at least 100 days in advance.

Stay informed about the security situation in the area you plan to visit. Check travel advisories and follow any recommended safety guidelines.

 

Visitors are generally expected to adhere to wildlife viewing guidelines. This may include maintaining a safe distance from animals, avoiding feeding and following the instructions of park rangers and guides.

Many parks offer camping facilities, and some have lodges or tented camps. It is important to follow the rules and regulations of campsites, including waste disposal guidelines. 

ReWild Away is not responsible for the consequences of not following these guidelines.

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Article 13: Responsible Travel

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National parks and nature reserves in Tanzania generally have entrance fees for both local and international visitors. These fees can vary depending on the park and the type of visitor (e.g., adult, child, student). Contributions to these fees often contribute to conservation efforts and park maintenance. 

 

Parks in Tanzania are committed to environmental conservation, and visitors are expected to follow the principles of "Leave No Trace." This includes leaving no trash behind, showing respect for the natural habitat and avoiding actions that could harm the ecosystem.

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