BAHARI General Terms & Conditions
Placement an order (booking) with Bahari is a subject to the following terms and conditions.
Bahari Travel Designers, as LKMA Cie trade mark, is located at 1 Rue Armand, Saint-Germain-en-Laye, France, 78100. These terms and conditions do not intend to limit our responsibility, or to exclude any legal rights client may obtain. It is essential to understand that we would do our outmost to resolve any issues arisen during your booking. We also ask a client to remember that certain destinations like Africa or Latin America do not operate on the same level as European Union hence some flexibility from a client may be needed and would be greatly appreciated.
Your booking process
We will design, develop and organize your holiday to suit your requirements. Once the booking is confirmed and secure deposit has been paid / received, there will be a binding contract in respect of your booking. The deposit amount will be noted in the invoice. Full payment has to be done not less than 60 days prior to departure.
Changes in your booking by you
We will all necessary efforts to accommodate your amendment request. Additional charges may apply which will affect your total price of your booking; however, we will do best to avoid any unreasonable fees. If you insist upon an amendment which we are not able to fulfil, such request will be treated as a cancellation of the original booking and will incur a cancellation charge, if applicable.
Cancellation by you
You may cancel your booking at any time by notice to us in writing (including email), which will take effect immediately upon receipt. Cancellation charges are payable on a sliding scale as a percentage of the total price of your booking depending on when you cancel.
You may be able to recover a proportion of these charges under your travel insurance and we will be happy to provide you with a cancellation invoice for these purposes.
As we organize various activities, including scuba diving on LiveAboards Yachts, or accommodation in remote exclusive establishments, their (third party) cancellation policy can vary hence we will advise you accordingly.
General Cancellation charges Policy
more than 61 days prior to departure 10% of total amount
within 60 - 46 days prior to departure 40% of total amount
within 45 - 31 days prior to departure 75% of total amount
less than 30 days prior to departure 100% of total amount
Cancellation charges Policy for safari/diving/liveaboards/yachts
more than 120 days prior to departure 10%
within 120 – 91 days prior to departure 25%
within 90 – 61 days prior to departure 35%
within 60 - 46 days prior to departure 50%
within 45 - 31 days prior to departure 75%
less than 30 days prior to departure 100%
Changes in your booking by us
We reserve the right to make amendments to your booking at any time if it is necessary for us to do so.
Minor amendments which we would not reasonably expect to have a significant effect on your trip (for example a change of accommodation to another provider of the same standard) will be notified to you as soon as possible. No compensation will be payable.
If we have to make a major amendment to your booking (for example, a significant change in the standard of accommodation) then you will have the option either to accept any such amendment together with any partial refund if we are able to offer one, to change your booking to an alternative trip with us of a comparable standard if we are able to offer one, or to cancel your booking and receive a refund of all monies paid unless the amendment is due to unavoidable and extraordinary circumstances, i.e. a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Cancellation by us
We reserve the right to cancel your booking at any time if it is necessary for us to do so, for example in unavoidable and extraordinary circumstances, i.e. a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken (for example war, threat of war, civil strife, riot, civil disorder/unrest, strike or other industrial dispute, actual or threat of terrorist activity, natural or nuclear disaster, fire, breakout of an epidemic or pandemic disease, technical problems with transport, cancellation or amendment to any scheduled flight, closure, congestion of airports or ports, we will advise to avoid all or all but essential travel to the area, or adverse weather conditions). We will do our best to work with our partners and you to ensure that you can claim a full refund from your insurance company.
Denied Boarding (EU departures)
If you start your holiday departing from any country of European Union, you must comply within the EU denied boarding law. Ensure that your airline can cooperate with you in any given time. However, you will keep obtaining the liability of the costs related to your holiday arrangements with us. Bahari will make every effort to amend your holiday, but you will not hold an obligation to any refund due to your non-appearance for any sector or sectors or services of your travel arrangements.
Before your booking is confirmed and a contract comes into existence we reserve the right to increase or decrease brochure or website prices or to change any of the information contained in our brochure or on our website. You will be advised of the current price and any changes to such information before you book.
When you make your booking you will be required to pay a deposit of 20% of the total holiday cost or any higher deposit which applies for your holiday booking. For example, some suppliers may require the full cost of their services or a higher deposit to be paid in advance in order to secure a booking. This is especially the case during premium periods. If this applies to your chosen arrangements, we will advise you at the time of booking.
If you are booking within 60 days of the departure date you must pay the full cost when you book. Once your deposit is received, a confirmation receipt will be sent to you detailing the balance of the price that is due. Full payment must be made at least 60 days before your departure date. If you do not pay the full balance on time, we reserve the right to cancel your travel arrangements and retain the deposit by way of cancellation charge.
We may change the price of your package holiday after we have issued our confirmation receipt in order to pass on to you changes in:
• the price of the carriage of passengers resulting from the cost of fuel or other power sources;
• the level of taxes or fees on the travel services included in your booking imposed by third parties other than the Travel Providers, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
• the exchange rates relevant to the package holiday. We shall only be able to change the price in this way if we notify you of any price increase at least 20 days before the start of your package holiday, together with a calculation and an explanation for this change.
If the price of your package holiday is increased by more than 8% of its total price, then you may:
• accept and pay for the price increase;
• reject the price increase and terminate your package holiday with a full refund; or
• reject the price increase, terminate your package holiday and take an alternative one if we decide to offer this.
If you decide to take an alternative package holiday, we will inform you of its impact on the price of your booking. If the alternative package holiday is of a lower quality or cost, you may be entitled to a price reduction.
We do not own or provide any of the services, facilities or travel arrangements which make up your package holiday. These are provided by third party Travel Providers whom we arrange to provide the services, facilities or travel arrangements which make up your package holiday. We have a legal duty to exercise reasonable skill and care in making the arrangements for the Travel Providers to provide the services, facilities and travel arrangements to you.
We also have a liability to you for the performance of the travel services included in your package holiday under the Package Travel Regulations, irrespective of the fact that such travel services are to be performed by the Travel Providers.
The company takes no responsibility for loss, damage or injury arising from any shortfall, error or omission in the information passed to the client during the course of the sale or subsequent delivery of the product. Bahari takes no responsibility nor can be held liable for loss, damage, or injury that occurs on a supplier’s or service provider’s premises or transport, or between two such premises.
Some of the elements sold by us inherently have a risk factor involved for the customer (e.g. diving, safari, walking safaris, trekking, flying, mountain climbing etc.) and we take no responsibility for the consequences of the customer taking on such risks.
Please also note we cannot accept any responsibility or liability for any additional services, tours or excursions you may use or undertake which have not been organised by us and which are not listed in your itinerary. Your contract for any such service, tour or excursion will be with the relevant supplier or operator.
Carriers / Transfers
The company is not liable for any issue arising from the failure of any one element of a sale, such as the non-departure of a boat or plane. Any cancellations arising thereof will be completely the responsibility of the customer. It remains the customer's sole responsibility to arrive and depart and travel between all elements of a trip. The customer must check with local transport operators the exact times and schedules for transport.
Carriage by air and sea is subject to the terms and conditions of the carriers with whom you are travelling and to all applicable international conventions.
Your specific passport and visa requirements, and other immigration requirements, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. The passport, visa and health requirements at the time of booking can be viewed on the websites of relevant Embassies and/or Consulates. You will need a passport with at least six months unexpired which has an adequate number of blank pages to meet the visa requirements of any country which you are planning to visit. We do not accept any responsibility and will not make any refunds if you cannot travel because you have not complied with any passport, visa or immigration requirements, if you are refused a visa, or if you have lost or mislaid any necessary documents. You should also contact your doctor or a specialist vaccination centre for details of any measures you may need to take prior to departure.
If you suffer from any illness or disability, please let us know before you book and we will do our best to assist you in choosing a holiday that will meet your requirements. Unfortunately, many countries still lack even the simplest facilities such as lifts or ramps for wheelchairs and their standards of health, safety and infrastructure. Some accommodation, such as, for example, game lodges, may be far from any hospital or medical assistance. In order to help you, we must be provided will full written details regarding any disability or illness from which you or any member of your party may suffer and any special requirements which you may have. If these requirements change before your departure you must inform us. If you fail to inform us prior to departure of any disability or illness that you or any member of your party may have, the costs of any special requirements that you may have during your trip or of any alterations that might need to be made to the confirmed holiday arrangements will need to be met by you and paid for locally.
If you are planning an activity or adventure holiday, you must be fit enough to participate and we may require written confirmation from your doctor that this is the case. You are responsible for taking all reasonable steps to ensure your own safety and that of other members of your group.
It is essential that you and all members of your party have travel insurance cover and that it is adequate for your needs and the type of holiday which you have chosen. Ski holidays, scuba diving, yachting, expeditions and other adventure activity breaks and holidays to remote destinations may all require special policies. You are responsible for ensuring this and it is a condition of booking with us that you do. Your insurance should cover the cost of cancellation of your travel arrangements by you, and assistance (including medical costs and repatriation) in the event of accident or illness overseas, as well as compensating you for permanent injury, death, delays, cancellation, curtailment, missed departure, personal liability or loss of baggage and personal possessions. It is your responsibility to comply with the insurance company's requirements and you must disclose to the insurance company any relevant information such as pre-existing illnesses.
For those who participate in sports and activities whilst on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual's own risk and it is your responsibility to obtain relevant and adequate insurance.
Data Protection Policy
Resolving Issues and The Law
If anything is not to your satisfaction during your holiday, please immediately inform and the relevant Travel Provider (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the Travel Provider so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday. However, if your complaint is not resolved locally, please follow this up within 28 days of your return home by emailing us, giving your booking reference and all other relevant information.
You can also access the European Commission Online Dispute (ODR) Resolution platform at ec.europa.eu/consumers/odr. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Please note failure to advise of problems whilst on holiday, as described above, deprives both us and the Travel Providers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation.