Preamble

These general terms and conditions govern the sales of tourist packages and travel services by the company Fundis'Africa, excluding dry transport.

These are supplemented by the terms and conditions of sale of the supplier of each service.

They are brought to the attention of any person who books/purchases a stay or any beneficiary of a booked service (hereinafter "the Client") before any commitment on their part.

Prior to any transaction, the Client acknowledges having read and expressly declares to accept them.

ARTICLE 1 – PURPOSE OF SERVICES

Fundis'Africa formulates a safari proposal as part of a quote.

Fundis' Africa therefore acts as an agent for its clients.

Fundis'Africa can offer safaris that include several different services (accommodation,

activities (safaris, excursions, etc.).

Since Fundis'Africa's service is limited to defining a program and taking reservations, it cannot be held responsible for the actual quality of the services.

ARTICLE 2 – ORDERING AND RESERVATION

 

The quote, order form or registration form issued by Fundis'Africa will present information on the safari itinerary.

The order will only be deemed to have been placed if the Client expressly accepts the quote in writing by returning it signed and marked "Approved" accompanied, where applicable, by the payment of a deposit as defined below.

Any addition to or modification of the terms of the quote is binding on Fundis'Africa only if it has accepted them in writing.

Fundis'Africa will confirm the registration and reservation in writing (email) upon receipt of the signed quote, any deposit or the total amount of the stay and the registration form.

ARTICLE 3 – PRICE AND PAYMENT TERMS

• 3.1 Price

Each travel offer specifies what is and is not included in the price.

Unless otherwise specified, the prices quoted do not include the costs of formalities (administrative such as visas, health such as vaccinations), tips and, more generally, all expenses of a personal or administrative nature.

Additional local taxes, not included in the prices, may be levied by the authorities of certain states and must be paid locally.

• 3.2. Price Revision

In accordance with Articles L.211-12, R. 211-8 and R. 211-9 of the Tourism Code, Fundis'Africa

reserves the right to modify up to 20 days before your departure date, either upwards or downwards.

Prices are decreasing to account for variations:

- The price of passenger transport resulting from the cost of fuel or other sources

of energy;

- Regarding the level of taxes or fees on travel services included in the contract,

imposed by a third party not directly involved in the performance of the contract, including

tourist taxes, landing or embarkation and disembarkation taxes in the

ports and airports;

- Exchange rates related to the contract

For any increase exceeding 8%, the Customer will receive on a durable medium the details of the price variation, its consequences on the price of the package, the choice available to him to accept or refuse within a reasonable time and the consequences of not responding.

• 3.3. Payment methods

Payment is made by bank transfer or by any other means indicated on the order form or sales contract.

The Client placing an order with Fundis'Africa more than 60 days before its completion will pay a deposit of 40% of the total price including all taxes.

The balance must be paid in full no later than 40 days before departure.

Failure to pay the balance within the allotted time may result in the cancellation of the order by the Customer, who will remain liable for the cancellation fees.

ARTICLE 4 – CANCELLATION / Amendment

• 4.1 Modification/cancellation by customer
• 4.1.1. General Information

In accordance with Article L221-28 of the Consumer Code, the sale of tourist services is not subject to the right of withdrawal provided for in Article L221-18 of the same code.

All modifications and cancellations by the Client must be made to Fundis'Africa. Cancellations must be notified by registered letter with acknowledgment of receipt or by email.

Requests for: changes to departure and return dates, changes to departure and arrival airports, and changes of hotel are considered cancellations that will result in the application of the scale below.

The date used to determine the cancellation deadlines, which will result in the penalties defined below, will be the date of the first presentation of the registered letter or the date of the email acknowledgment. Only the primary subscriber is authorized to modify or cancel the sales contract.

Consequently, the cancellation must also be made, on the same day, to the insurance company where you have taken out, if applicable, additional insurance.

In all cases, the premium paid in return for subscribing to a supplementary insurance contract is never refundable once your withdrawal period has expired.

None of the costs incurred for the preparation of official documents or health costs incurred (visa, passport, identity card, etc.) are refundable, regardless of the date and cause of cancellation.

• 4.1.2. Modification/cancellation fees due to customer prior to departure

In all cases, the premium paid in return for subscribing to a supplementary insurance contract is never refundable once your withdrawal period has expired.

The cancellation conditions are as follows:

- Cancellation 90 days or more before departure: 30% of the deposit is refunded

- Cancellation 61 to 89 days before departure: 100% of the deposit is retained, corresponding

to prepayments for certain services

- Cancellation 31 to 60 days before departure: 50% of the total cost of the stay is refunded

- From 30 days before the departure date: for any modification of any kind or cancellation occurring from 30 days before the departure date, 100% of the total cost of the trip will be retained.

Any cancellation and/or modification of the transport ticket will incur a 100% fee.

• 4.1.3. Modification/cancellation fees due to customer after departure

• Any service not used or modified at the client's initiative for the client's benefit will not give rise to any refund.

• 4.2. Modification / Cancellation by Fundis'Africa
• 4.2.1. Cancellation by Fundis' Africa

The trip may be cancelled by Fundis'Africa if the minimum number of participants indicated in the brochure/trip description is not reached:

- 20 days before the departure date, for trips lasting more than 6 days.

- 7 days before the departure date, for trips lasting from 2 to 6 days.

- 48 hours before the departure date, for trips lasting 2 days.

The Client will then be reimbursed for all sums he may have paid but will not be entitled to any compensation.

In the event that a confirmed trip is unavailable, the professional will make their best efforts to offer the Client an alternative stay.

In the event of termination of the contract by the professional, and unless the cancellation of the stay is caused by exceptional and unavoidable circumstances, the Client may claim the compensation provided for in Article R211-10 of the Tourism Code.

• 4.2.2. Modification of the fact of Fundis'Africa

In the event of a change to an essential element of the contract, the Client is offered the choice between

acceptance of an alternative stay or cancellation of the trip without charge.

The Client must inform Fundis'Africa of their choice within 7 days. If no response is received within this period, the Client will be deemed to have accepted the proposed modification.

In case of cancellation, the refund will be issued within 14 days of receipt of the request.

cancellation.

After departure:

If a significant portion of the services offered proves unavailable at the destination, Fundis'Africa will make its best efforts to offer services at no extra cost to the Client.

If this proves impossible or results in disproportionate costs, the Client may claim an appropriate price reduction.

The Client may only refuse substitute services if they are not comparable to what was provided for in the contract or if the price reduction granted is not appropriate.

• 4.2.3. Modification by one of the service providers

For changes made by one of the service providers before departure: the Client will be informed as soon as possible by any means (email/letters). Confirmation will be sent to you by registered mail with return receipt requested or by email.

For changes made by one of the service providers after departure: the Client will be informed as soon as possible and by all means (telephone, fax, email).

The Client will then be able to:

- either accept the proposed modification, knowing that Fundis'Africa will bear any additional costs or reimburse you for any additional costs upon your return;

- or refuse the proposal for a valid reason, in which case Fundis'Africa will provide the necessary transport tickets for the Client's return.

If a travel provider decides to cancel the trip or stay before departure, the customer will be notified by any means allowing for acknowledgment of receipt.

ARTICLE 5 – RESPONSIBILITIES

• 5.1 Prior information for the Client

The Client acknowledges having read:

- of these General Terms and Conditions of Sale,

- conditions specific to the travel provider in question

- as well as a description of the chosen service.

• 5.2. Legal capacity and accuracy of information

By making the reservation, the Client acknowledges having the capacity to enter into a contract, and in particular:

- be over 18 years of age,

- not to be subject to guardianship or curatorship.

The Client guarantees the truthfulness and accuracy of the information provided by him on his own behalf and on behalf of all beneficiaries of the services booked with Fundis'Africa.

Fundis'Africa cannot be held responsible in any way if the information provided by the Client at the time of registration and/or order (name, postal address, email, telephone, etc.) is false or incorrect.

• 5.3. Fundis' Africa's Responsibility

Fundis' Africa is responsible for the proper execution of the services provided and is required to provide assistance to the Client in difficulty.

However, its liability cannot be invoked in the following cases:

- non-performance or poor performance attributable to the Client,

- an unforeseeable and insurmountable event caused by a third party unrelated to the service,

- cases of force majeure.

In the event of strict liability arising from the actions of service providers, the compensation limits resulting from international conventions, as set forth in Article L. 211-17 of the French Tourism Code, shall apply. Failing this, and except in cases of personal injury, intentional damage, or damage caused by negligence, any potential damages are limited to three times the total price of the service.

travel or stay.

• 5.4. Client Commitments

The Client agrees to comply with the instructions of Fundis'Africa as well as those of the foreign service providers who are logistically organizing the stay.

In this capacity, he undertakes in particular to respect:

- safety instructions,

- local traditions, customs and practices,

- the local flora and fauna,

- the laws and regulations of the country being visited.

• 5.5. External services and local circumstances

Fundis' Africa will not be held responsible in any way:

- in the event of an incident occurring during services purchased outside of the contract and directly on site by the Client from an external service provider,

- in the event of an incident resulting from a personal initiative of the Client,

- in the event of unavailability of equipment or suspension of activities for reasons related to the period, attendance or decisions of the hoteliers on site.

• 5.6 Loss, theft and damage to luggage

Fundis'Africa cannot be held responsible for any loss, theft, or damage to luggage or personal belongings during the trip. In case of any problem, the Client is advised to report the incident to the appropriate local authorities (by filing a police report).

No baggage insurance is included in the prices of services offered by Fundis' Africa.

ARTICLE 6 - Administrative and health formalities

Fundis'Africa informs clients who are French or European nationals that they must take their arrangements regarding police and health regulations applicable at any time during the trip.

It is the client's responsibility to ensure that they and all persons registered for the stay comply with the police, customs, and health formalities required for the trip.

It is not Fundis' Africa's responsibility to provide this information or to question clients about their nationality.

General information is available on the website www.diplomatie.gouv.fr (Travel Advice section) regarding entry and stay requirements in each country and health conditions.

Non-European or non-EEA foreign nationals must contact their consular authority, under their sole responsibility, to find out the formalities required for the planned trip and the necessary timeframes depending on the departure date.

If the trip involves minor children, it is the parents' responsibility to comply with the instructions given to them; each child must have a valid personal identity document with photograph.

Under no circumstances can Fundis'Africa replace the individual responsibility of clients, who must take charge of obtaining all formalities before departure (passport generally valid for 6 months after the return date of the trip, visa, health certificate, etc.) and

throughout the entire trip, including completing customs formalities in countries that regulate the export of goods.

Failure to comply with formalities, a Client's inability to present valid administrative documents, for whatever reason, resulting in a delay, refusal of boarding, or denial of entry into foreign territory, remains the Client's responsibility, and they shall bear all resulting costs, without Fundis'Africa providing any reimbursement or compensation.

voyage.

Customers must pay particular attention – under their sole responsibility – to the accuracy of names

and first names indicated during their booking and confirmed during the conclusion of their travel contract with the details of their valid identity documents (surname, married name etc).

ARTICLE 7 - Organization of the stay

• 7.1 Accommodation

The hotel ratings mentioned in the trip description are always based on current local standards.

The Client is informed that the hotel practices and standards of the host country may differ from French standards.

In accordance with international hotel practices, rooms are generally available from 2 p.m. on the day of arrival and must be vacated before 12 p.m. on the day of departure, regardless of the Client's arrival or departure times.

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• 7.2 Transport

Prices are calculated based on the number of nights, not days.

When flight times are not yet known at the time of conclusion of the contract, the Client is informed that the first and last day may be entirely devoted to transport, without giving rise to any claim or compensation.

• 7.3 Tours and Visit Orders

Due to circumstances beyond the control of the professional (local conditions, weather, traffic, etc.), the order of visits mentioned in the program may be changed.

This possible modification cannot constitute a breach of contract, provided that all travel services have been provided.

• 7.4 Special needs and accessibility

It is the Client's responsibility to indicate, before the conclusion of the contract, any special needs, particularly those related to a disability or any other condition requiring an adaptation of services.

The trip description specifies, where applicable, whether the trip is generally suitable for people with reduced mobility. This general information does not exempt the Client from informing the service provider of their specific situation in order to verify the suitability of the services offered.

The Client will not be entitled to any compensation in the event of inadequacy of the services with his particular needs if he has not brought them to the attention of the professional before the booking.

ARTICLE 8 - ASSIGNMENT OF CONTRACT

In accordance with Article L. 211-11 of the Tourism Code, the Client has the option to transfer this contract as long as it has not yet taken effect and at the latest 7 days before departure, by notifying Fundis'Africa within a reasonable timeframe, to a person fulfilling the same conditions as the Client.

The letter must include the exact and complete contact details of the new participant(s) who must meet the same conditions of stay.

The Client and the transferee are jointly and severally liable for payment of the outstanding balance of the contract and the transfer fees (e.g., non-modifiable, non-exchangeable travel ticket) as well as any additional costs that the transfer may entail (e.g., non-modifiable, non-exchangeable travel ticket).

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ARTICLE 9 – Additional benefits

Although all activities mentioned in the descriptions have been confirmed to us by our service providers, and we have therefore published them in good faith, it may happen, for reasons beyond our control and attributable to these providers, that these activities and other services are suspended or cancelled without our prior notice. Fundis'Africa cannot be held liable should such disruptions occur.

Fundis'Africa cannot be held responsible for services purchased locally by the client, without any intervention on its part, even in the case of purchases from its usual suppliers or their local partners.

ARTICLE 10 – ASSURANCES 

Fundis'Africa has civil liability insurance taken out with the company Hiscox.

The insurance taken out by Fundis'Africa does not cover the Client during the duration of the safari.

There is no insurance or assistance included in the trips offered by Fundis' Africa.

At the Client's request, Fundis'Africa can offer additional insurance.

You are therefore advised to consult your insurer for any additional coverage you may wish to benefit from.

ARTICLE 11 – Complaints

When a customer notices that a service is not being provided as expected, in order to avoid suffering the inconvenience for the duration of their stay, they must immediately notify the local representative of the travel supplier with whom they contracted or the accompanying person present in order to settle the dispute on site.

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Failure to report a non-conformity on site may affect the amount of any damages or price reduction due if reporting without delay could have prevented or reduced the customer's damage.

Observations on the progress of the trip must reach Fundis'Africa within 30 days of return, by registered mail with acknowledgement of receipt, accompanied by appropriate supporting documents.

After contacting Fundis'Africa and, if no satisfactory response is received within 60 days, the client may contact the Tourism and Travel Mediator, whose contact details and procedures for contacting them are available on the website: www.mtv.travel

ARTICLE 12 – Waiver

The failure of either Party to exercise any of its rights under this Agreement shall not constitute a waiver of such rights; such a waiver can only be made by an express declaration from the Party concerned.

ARTICLE 13 – validity

In the event that one or more provisions of the conditions are deemed invalid by a competent jurisdiction, the other clauses shall retain their scope and effect.

ARTICLE 14 – Applicable Law

Fundis'Africa is a French company. The contract concluded with Fundis'Africa is subject to French law.

Any dispute arising out of or relating to the contract, including but not limited to its validity, interpretation, performance and/or termination and its consequences, shall be subject to the jurisdiction of the French courts.