We inform our valuable clients that to book any of the products described either on our website , on internet , by email or over the telephone, you must agree to be bound by these Booking Terms and Conditions.
If you have questions about this Booking Conditions , please feel free to contact us on :(+261)344.643.396 /(+261)330.829.867. Email:<mada3_trip@yahoo.com>, <contact@mada3 traveltours.pro>.
Definitions:
Participant, Traveler, Client or Customer means : individuals, groups ,companies or other legal persons using the services offered by Mada3traveltours and includes the agents of clients.
Service means: the provision of accommodation and/or transportation and /or meals as stipulated in the offered by Mada3traveltours and accepted by the client.
Undertaking:
”Mada3T.OServiceProvider“ (working as Mada3traveltours”) undertakes to provide all services offered subject to the terms and conditions set out here in ,which terms and conditions are accepted by the tour participant .
1. Our contract:
All bookings are made with Mada3traveltours a locally based Malagasy company . The terms and conditions in this agreement (also referred to as “Terms”) constitute the entire understanding and agreement between you the “tour participant” or ”client” ( “Participant ”,”client”, “you” or “your”) and Mada3traveltours , (“Mada3traveltours ,” “we,” or “us”) with respect to any and all bookings, reservations, tours or transactions made with Mada3traveltours for any and all services and goods that Mada3traveltours provides collectively, “Tour”).
By booking a trip with us, paying a deposit or signing this agreement, you accept all of the terms in this agreement on your own behalf and on behalf of all persons listed on the booking, including any minor under your custody, care or control (“Minor”), and direct us to perform services for each and every person listed on the booking.
Intermediaries (e.g., Travel Agents and Tour Organizers): If you are a travel agent, organization or other entity, or individual that is booking your clients on a Tour with us, you represent and warrant that , you have made your travelers aware of this agreement and agree that you are responsible for any client issues arising out of or related to your failure to do so.
The services to be provided are those referred to, in your booking confirmation trip description.
2. Validity:
Dates, itineraries and prices are valid from January 01st, 2023 until December 31st 2024. Beyond December 31st 2024 , itineraries and prices are indicative only.
3. Deposit requirement:
Dear Participant/Client ,for trips which cost more than $2000 USD , you are required to pay a non-refundable deposit of 25% of the total price per person per trip for your booking to be confirmed. Note that specifically, a higher deposit is required for some bookings, custom trips, large groups, or special circumstances; please consult your itinerary or trip quote.
For trips in which the total amount is less than or equal to $2000 you will be required to pay the total amount upon booking. If your booking is made within 90 days of the trip’s departure date, the full trip amount is payable at the time of booking.
Payment method: The required deposit should be transferred directly to our bank account (see below our Bank details ).We informed our valuable clients that we prefer to be paid in Euro or US Dollars ,and expect you to pay for any Bank service charges or commissions .For the time being we cannot accept credit card payments
4. Acceptance of booking and final payments:
For the validation of your holidays Mada3traveltours will send you a confirmation email, the relative invoice of your stay with details (include/exclude), a registration form and a required medical forms for our 50 and over group participants .
From the date we issue that confirmation, a contract will exist between us . Unless specified (for July, August 2023 scheduled trips ) the payment of the balance of the trip price is due 90 days before the departure date. Please note also, that full payment is required earlier than 90 days for trips longer than 5 days and for custom trips. We inform our valuable clients that, the no-payment of the balance ; on or before the due date, and without any informative email from your side , we reserve the right to consider your booking as cancelled and subject to our cancellation by traveler policy.
For our July and August 2023 tours participants , the payment of the trip price balance is excep -tionally due respectively : 30 and 45 days before the departure date.
Prices:
Our prices (booking ,processing, delivery and issuing fees etc.) are in US Dollars and VAT included .Within the quotes for our holiday packages is a general description of the service and details about what is include and exclude in the price . Prices are confirmed at the time of the final booking (shown in your Invoice ) and the payment will be made in US Dollar (US$) or Euros (EU€) to Mada3traveltours Bank account :
Our Bank details:
Name: ZANARISON ZEPHYRIN (MADA 3 T.O SERVICE PROVIDER)
Address: Lot IVI 36 Ambohimalaza Miray ANTANANARIVO MADAGASCAR 102.
Bank code: 00006
Window code: 00001
Account number: 00000593718
Key:90
IBAN: MG4600006000010000059371890
BIC/SWIFT: MCBLMGMGXXX
Bank name: The Mauritius Commercial Bank (Madagascar) S.A
Domiciliation: Rue Solombavambahoaka Frantsay 77, BP 197 Antsahavola Antananarivo 101.
Credit/Debit Card /Chargeback Policy.
“Mada3traveltours” try hard to make its customers happy. If ever you are not pleased with our services for any reason, you agree not to file a chargeback with your credit or debit card company before you have given us an opportunity to address the matter. By signing this agreement, you agree to work with us in good faith to resolve all dispute and acknowledge that chargebacks are not an appropriate way to avoid our cancellation and refund policies.
5. Your details.
In order for us to confirm your travel arrangements you must provide all following requested details with the balance of the trip price. Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have; which may affect your ability to complete your travel arrangements. If you belong to our “50 and over” client group , we require you to complete and forward a Self-Assessment ( medical form) . We would not be able to confirm your booking without provision of these details.
6 About Cancellation and relative points .
We are informing our valuable Participants / Travelers , seeking to cancel or revise any trip, that they must provide Mada3traveltours ,with a written request and in accordance with these Booking Terms and Conditions .Requests for revisions and /or cancellations shall be determined in the sole and absolute discretion of Mada3traveltours . Name changes are considered to be a cancellation of one traveler and a new booking of another, assuming space vacancy .
6.a Cancellation by the Participant /Traveler.
6.a.1 We are asking our valuable Participant / Client to understand that our cancellation and refund policy takes into account the fact that we must advance to deposits to our suppliers for their services well in advance of trip departure dates and these advanced monies are often non-refundable. It also takes into account the time and expense Mada3traveltours incur to organize and arrange your trip, which begin immediately at booking.
6.a.2 Participants/Travelers booked on our tour may receive a refund for a cancelled trip , subject to a cancellation fee as follow:
*Deposit amount : For Cancellation made 90 days before departure date.
*50% of Tour price : For Cancellation made 60 days before departure date.
*100% of Tour price : For Cancellation made between 0 to 59 days before departure date.
For July and August 2023 tours. In case of cancellation by the Participant/Traveler, we will retain the deposit . .
6.a.3 We inform our valuable Traveler / Participant that:
-(i) The Client/Participant shall not be entitled to a refund for any trip or portion thereof that the Client/Participant does not use or attend for any reason whatever, including but not limited to no show ,illness, accident or neglect of any person.
-(ii) No refunds will be provided for any unused portion of a trip once the trip begins, including if the Client/Participant leave a trip for any reason, miss the trip’s departure date, or have to be removed from a trip. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies, your decision to not go on a trip because of governmental / travel warnings or advisories , including but not limited U.S. State Department ,UK Travel Advisories or World Health Organization warnings, or any other circumstances beyond our control.
-(iii) For this reason , we strongly suggest that you secure comprehensive trip cancellation and interruption insurance in order to participate on a Tour. We also highly recommend that you consider securing “cancel for any reason” travel insurance, which must be obtained soon after your first deposit is paid for your travels.
7.MADA3TRAVELTOURS CANCELLATION and LIABILITY
7.a Cancellation by Us and Flexibility
7.a.1 Under special condition ,we may cancel a Tour at any time up to 30 days before departure. Further, we reserve the right to cancel, alter, modify, postpone or reschedule any tour without prior notice for the safety and/or comfort of clients and for “Force Majeure” circumstances (see definition below). We shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder as a result of any actions that it takes or does not take under this section and under this Agreement.
7.a.2 You acknowledge and understand that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated; you acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may sometimes change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, and other unforeseeable factors. If, prior to departure, we make a significant change because of a problem with a supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you . Please note that by booking a “Tour” or “Service” you also hereby agree to carry emergency funds to be used in such instances, just as embassies require proof of means of subsistence to enter some countries. We are informing our valuable Participant/Traveler that we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations, or non-refundable flights.
Any changes that we have to make may require a supplemental payment from you . We will advise you in the event such a payment is required.
7.a.3 Regarding civil unrest, once Mada3traveltours has investigated the prevailing situation as it deems fit, it shall remain in the sole discretion of Mada3traveltours whether to proceed with the Tour. If we are of the reasonable opinion that the Tour may proceed, no refund will be payable to you and the cancellation provisions of this agreement shall apply.
7.a.4 Mada3traveltours reserve the right to cancel any group tour due to insufficient enrollment. In such case, travelers will be informed no later than 30 days prior to departure (except for July:one week : ) and are entitled to receive a full refund of the land tour cost paid ,less bank service charge.
7.a.5 If a trip is cancelled due to reasons within Mada3traveltours’ control and not for reasons due to Force Majeure nor due to insufficient enrollment , outside of Force Majeure situations, we will offer you one or both of the following within our discretion:
(a) Travel credit equal to the land trip cost that you have paid.
(b) A refund equal to the land trip cost that you have paid less any non-refundable deposits that we have advanced to our Suppliers.
Our policy is different for Force Majeure situations so please read the following carefully. No refunds will be provided if we cancel, alter, modify, postpone, or reschedule any trip for any reason, whether before or during your trip due to Force Majeure. We may, in our discretion without any requirement that we do so, use reasonable endeavors to reimburse you of any payments that you have made reduced by any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your trip. Our administration costs in planning your trip are not refundable because of the work involved in planning, booking and management of your Tour itinerary from the moment the Tour is booked. This fee is 5% of the trip cost (“Administration Fee”)..
Additional Information regarding Force Majeure
Mada3traveltours,in the uncommon situation where “Force Majeure” prevents, significantly hinders, renders it difficult, or makes it impossible for us or our Suppliers to provide the Services including but not limited to your Tour, we and/or our Suppliers shall be entitled to, in our sole and absolute discretion, take one or more of the following steps: vary, reschedule, postpone, cancel any Tour itinerary or arrangement, including Tour dates and the entire Tour itself. We inform our Participant/Traveler that no refunds will be provided if we take any of the preceding actions due to Force Majeure, unless and to the extent we are able to obtain any refunds from our Suppliers. Any refund under this section will less our 5% Administration Fee. This policy is based on the fact that Suppliers in Madagascar, are not obligated to return non-refundable deposits or waive their cancellation fees in the case of Force Majeure. Further, it is not assured that we would easily be able to receive any refunds from our Suppliers once we have forwarded your deposits to them. Nor will we be able to pay you any compensation, costs or expenses you incur as a result. If you choose to cancel your Tour, our standard cancellation terms that govern when a Participant / Traveler cancels apply. See above section titled “Cancellation by Traveler.”
If Mada3traveltours is affected by Force Majeure, Mada3traveltours, if practicable, will notify you of the nature and extent thereof.
Mada3traveltours will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure.
“Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as corona virus /COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affects domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.
We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date, or alternatively receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.
7.B Liability.
Mada3 T.O Service Provider (Operating as Mada3traveltours and herein after referred to as the “Service Provider Company or Mada3” where such term shall include its owners, affiliates, employees, outfitters, successors assigns and agents) ,shall not be responsible or liable to any “Participant” where such term shall include any customer, and/or client of the “Service Provider Company or Mada3 ” and/or any person who otherwise receives any goods or services provided by “Mada3 ”, their heirs,dependents,executors,administrators,successor,agents,assigns personal and legal representatives ) for any injury ,damage ,accident, loss, claim, delay, and /or irregularity, howsoever caused that arises from ,is connected to ,or is in any way related to any goods and /or services sold or otherwise provided by “Mada3”.
The Participant/Traveler understands that during the course of any trip, certain risks and dangers may occur, including but not limited to the hazards of traveling in mountainous, terrain, jungles, rivers and subject to forces of nature. By taking part in any trip ,the Participant acknowledges having been advised of the risks associated therein and assumes the sole and exclusive responsibility for such risks. “Mada3“ shall not be responsible or liable to any Participant for any injury ,damage, accident, loss, delay and/or irregularity, however caused that arises from, is connected to , or is in any way related to any goods and/or services sold or otherwise provided by “Mada3” ’s contractors where such term includes any third party ,including but not limited to any transpor -tation company retained by “Mada3” to provide goods or services to any Participant. Each Participant further agrees not to make any claim or take any proceedings against any other person, corporation or entity who might claim contribution ,indemnity or other relief against “Mada3” under the provisions of any applicable law or equity in relation to any cause ,matter or thing released hereunder. Notwithstanding any provision to the contrary the “Service Provider Company or Mada3 “ reserves the right to cancel any trip at anytime in its sole and absolute discretion without liability to any Participant for any amount or claim, including but not limited to any monies ,deposits or payments of any kind that have already been paid by, or on behalf of the Participant to “Mada3” or any other person, including but not limited to circumstances involving the following:
(i)Political unrest/Terrorism/War: In the event that any political unrest ,terrorism or act of war may affect any trip or the health ,safety or security of any Participant, ”Mada3”reserves the right in its sole and absolute discretion ,to cancel,postpone or change itinerary of any trip .
(ii):Pandemic /Infectious Diseases: In the event that any pandemic or infectious disease may affect any trip ,the health or safety of any Participant ,”Mada3” reserves the right ,in its sole and absolute discretion ,to cancel, postpone or change itinerary of any trip,
(iii)Force Majeure: In the event that any circumstance arises ,that may affect any trip ,or the health ,safety or security of any Participant ,or in the event that circumstances otherwise prevent “Mada3” from providing either in whole or in part ,its goods or services to Participants, in a safe manner or at all, ”Mada3” reserves the right ,in its sole and absolute discretion .to cancel ,post-pone or change itinerary of any trip .
Any monies ,deposits or payments of any kind paid to any air consolidator ,airline, contractor or third party by ,or on behalf of any Participant, for any goods or services in respect to any trip cancelled or postponed by “Mada3” are non refundable except ,to the extent that “Mada3” has recovered such monies ,deposits or payments from the air consolidator, airline, contractor or third party. In the event that “Mada3” cancels or postpones any trip and/or fails to provide any goods or services connected thereto ,the Participant shall have no right to make a claim against “Mada3” for any damages or loss whatsoever ,including ,but not limited to ,non refundable advance purchase air-tickets, visa-fees, prescription drugs, vaccinations, equipment or any other expenses incurred by the Participant in preparation for any trip. Notwithstanding ,the forgoing ,in the event that “ Mada3” is liable to any Participant for any amount(s) ,the aggregate liability of “Mada3” shall be limited to the actual amount(s) paid by that Participant to “ Mada3” .
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8. Booking amendments.
8.a Revision : Requests for revisions shall be determined in the sole and absolute discretion of Mada3traveltours .Name changes are considered to be a cancellation of one Participant/ Trave -ler and a new booking of another person ,assuming space available. If you request to make changes your confirmed itinerary after we confirm your booking, we will do our best (but cannot guarantee we will be able to meet such requests) to accommodate your request.
-(i)For Group or Private Tour : If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 30 days prior to the proposed departure date. A fee of $200 per person per change will apply (in addition to any charges levied by any of our suppliers, including hotels, ground operators, third-party guides, and airlines).
-(ii) If you notify us less than 30 days prior to the proposed departure date (except for July 2023 which is 15 days) the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period.
-(iii)Note: that trips may not be transferred or rescheduled more than once.
- (iv)Administration fee : Amendments to any other arrangements made in conjunction with your trip will incur an $200 administration fee per booking per change. This fee is in addition to any charges levied by our suppliers, including hotels, ground operators, third-party guides or airlines.
-(v)No amendments are permitted to your booking within 15 days of departure date.
- (vi) For Individual or Private tour: More than one substantial change requests by you such as a change of custom tour dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. This change will result in recalculation of your original tour price. Change requests must be made in writing.
-8.b Deposit amount : Not withstanding the above “Mada3traveltours” reserves the right to modify or amend the amount of any deposit for any trip .
9.Responsibilities:
Mada3traveltours contracts with a network of companies, airlines, cruise lines, coach companies, shore excursion operations, government agencies, operators, guides, individuals, affiliates and other third-party suppliers for various services provided for or associated with your trip, including but not limited to flights, lodging, meals, transportation, sightseeing, and activities connected to your trip (“Supplier” or Suppliers”). These Suppliers may also engage the services of local suppliers with whom they contract with directly. While we use our best efforts to select the Suppliers for these components of your trip, you acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed or controlled by us, and are not our agents or employees. A Supplier’s services are subject to the Supplier’s own terms and conditions, and the local laws and regulations of the relevant country. We will not provide any refund for a Supplier’s delay cancellation, overbooking, or strike. You acknowledge and agree that we are not responsible for and cannot be held liable for any negligent or willful act or failure to act of any Supplier, including independent tour guides, or of any other person or entity. You agree to this in totality or you cannot go on the trip or book a service.
Airlines, railways, car services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant common carrier or supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other supplier, and they are often also subject to various international conventions.
Regarding any private aircraft or charter companies involved in providing flight(s) for your trip, you and your insurer hereby waive all claims or subrogation and accept that this third party aircraft company is wholly responsible for safety and liability for its flights, and not Mada3traveltours or any insurer or entity associated with Mada3traveltours or its members or agents or guides or destination brands. Independent air charter companies are not owned by any of the above and you agree and understand that these companies are independent third parties that are boarded and flown at your own risk.
10. Exclusions:
The land price of your trip does not include:
• international or internal flights unless specified
• airport taxes and excess baggage charges unless specified
• meals unless specified
• Visa and passport fees ;
• Travel insurance .
• Medical expenses
• Optional activities (unless specified) and all personal expenses.
11. Prices & surcharges:
We reserve the right to impose surcharges up to 30 days before departure due to fluctuations in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes or if government action should require us to do so. In such instances we will be res -ponsible for the first 2% of the additional costs and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 5 days of notification of the surcharge and obtain a full refund.
12. About age & Health requirements:
Minimum General Policy: For the majority of our trips the minimum age for children is 12 (except for Private tour). All travelers under the age of 18 must be accompanied by an adult who is responsible for the child’s day-to-day . Please note we cannot guarantee triple or joining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
Maximum General Policy: For the majority of our trips we have no upper age limit, though we remind you that our trips can be physically demanding (level 3) and a Self-Assessment (medical form ) is required for all passengers 50 years and over.
We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your trip.
13. Passport, visas, vaccinations and other entry requirements:
You and those traveling with you assume sole responsibility to independently confirm all documentation requirements for all passports, visas, vaccinations, immunizations and other entry and/or travel requirements of each of your destinations (collectively, the “Travel Requirements”). You assume sole responsibility for, and hereby release Mada3traveltours from, any and all damages incurred as a result of your failure to comply with all applicable Travel Requirements. All passports must contain at least five (5) consecutive blank pages and must be valid for at least six months after the completion of the tour. If you are visiting multiple countries on your tour, you may be required to have more than five (5) consecutive blank pages. Should you have any questions about the number of consecutive pages required for your tour, you can contact us. If one parent or guardian plans to bring a Minor without the other parent or parents, in one Mada3traveltours trip, please bring birth certificates for children below 18 years and younger.
Some nations require proof of vaccination for all travelers (June 2023 note : Proof of vaccination against covid19 is not required for entry). Any required inoculations must be recorded by the traveler’s health practitioner on a valid vaccination certificate, which the traveler must carry in his/her possession throughout the trip. You are also solely responsible for any adverse consequences, including additional costs and fees, resulting from incomplete or defective documentation. Passport and visa requirements may change at any point in time. It is the responsibility of each traveler to acquire the most up to date travel documents Mada3traveltours does not represent that the list is exhaustive or current. It is the sole responsibility of each traveler to obtain the necessary documentation for all aspects of their tour. About visa :Non extendable tourist visas are available upon arrival or in advance (electronically ) Depending on the length of stay Tourist Visa for Madagascar is from US$ 37 (for 30 days validity single entry) to US$55 (for 90 days) and the essential requirement is a valid passport for at least 6 months from the time or entry with at least (3) three blank pages.
14. Travel insurance
Travel insurance should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US $200,000 for each of the categories of cover. We also strongly recommend it covers cancellation for any reason, curtailment, personal liability and loss of luggage and personal effects. You must provide and carry proof of your travel insurance. You agree to send us a copy of your travel insurance showing proof of coverage. We may treat your reservation as cancelled by you and impose our cancellation fees if you fail to provide this documentation before your Tour departure. We do not evaluate this proof or your insurance coverage to ensure that the terms and coverage is adequate for your Tour as we are not an insurer and cannot evaluate or advise on coverage. You are solely responsible for ensuring that your insurance coverage is appropriate for your Tour and complies with our minimum coverage requirement.
15. Authority on tour
A Tour leader or a guide runs our group tours . The decision of the group leader/guide is final on all matters likely to affect the safety or well-being of any person participating in the trip including highly experienced travelers. No matter how experienced a traveler may be and no matter how familiar a traveler may be with a locale, the traveler must defer to the guide. We expect all travelers on our tours to defer to the guide and not the opposite.
Supposing you fail to comply with a decision made by a group leader, break local law, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund. We may also elect not to carry you on any future trips booked or to report you to local authorities and law enforcement and immigration. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our travel guidelines. Antagonism of the tour and customer service staff on a trip and harassment or insulting of guides or other participants will lead to termination from a trip without refund.
16.Unknown Factor acceptance .
You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes may present dangers and physical challenges greater than those present in our daily lives.
We use information from various (official and non official) sources, government foreign depart -ments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
ABOUT OPTIONAL ACTIVITIES THAT MAY BE DANGEROUS: During your trip, optional activities may be offered and provided by other independent suppliers who are not affiliated with Mada3traveltours in any way. Some of these optional activities carry with them various risks, including but not limited to attack by wild or domesticated animals, equipment/mechanical problems, and unexpected weather conditions, which can cause serious personal/bodily injury. Some of these activities include, but are not limited to: (1) horseback visit ; (2)forest trekking ; (3) Isalo trekking ; (4)Canyon trekking ; (5) Tsingy trekking ; (6) Bara village; (7) fishing excursions; (8) Humpback whale excursion; (9) Ferry /boat transfer to St. Marie Island ; (10) Speed boat transfer to Nosy Be ; (11) pirogues excursions; (13) snorkeling; (14) scuba diving (15) vehicle transfer or safari. Please be aware that although precautions may be taken by the suppliers to guard against such dangers, your safety cannot be guaranteed. Please also be aware that you are free to participate in such activities while you are on your trip and that these tours are not mandatory. However, you must understand that such participation will be at your own risk, and that Mada3traveltours assumes no responsibility or other liability for your safety.
For these reasons, we strongly recommend that you obtain comprehensive travel insurance that covers trip interruption and cancellation, as well as adequate medical insurance that covers personal injury, medical expenses, repatriation costs, and evacuation expenses incurred during your tour. Note that insurance policies vary and may not provide coverage for the optional activities in which you might be engaged during your trip. For instance, some policies do not cover hot air ballooning while others might. Please consider the nature of your trip and the activities you will be engaged in and obtain appropriate insurance.
17. Limitation of liability:
Participant / Traveler agrees that the sole remedy for any default by Mada3traveltours arising under this agreement shall be either (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking, as chosen by us within our sole discretion. To the maximum extent permitted under Malagasy applicable law, Mada3traveltours shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Mada3traveltours has been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages.
18. Issues & complaints:
Dear Participant /Traveler: if you have a complaint about your trip, please inform your tour leader or our back office (hotline (+261)344 643 396/ (+261)330 829 867) at the time so that we can attempt to solve the issue. Mada3traveltours is urging you to do this immediately and not make lists of line items to attempt to request money or rectification later. They must be immediately explained and addressed. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the tour. If you could have but did not bring these up during the trip, then you invalidate later claims with your intention to hide and premeditate the compensation-seeking as your intention rather than addressing the issues. If you attempt to address the problem on your own without using this notice procedure, you assume responsibility for any added costs you may incur and forfeit any potential refunds.
19. Divisibility in case of unenforceable .
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law, or as being against public policy, then such term or condition shall be deemed to be severed from this contract, or amended accordingly, only to such extent; necessary to allow all remaining terms and conditions to survive and continue as totally binding.
20. Photos and marketing
You agree that Mada3traveltours may use, re-use and reproduce 1) any images, photos or videos, or written content and quotations that you provide to us or our Tour leader and guides, 2) any images, photos or videos that are taken or obtained by our Tour leader or guides and/or other travelers of you, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing Mada3travel tours’ travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your Tour leader or the guide in writing before the start of the tour.
21. Privacy policy
Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material. The information may be disclosed to our agents, service providers, or other suppliers in the only view to enable us to operate your trip in normal condition.
22. Information in Brochures/Electronic Advertisements
information given in any flyers or otherwise advertised, (including electronic advertisements on our website or on the Internet) is, to the best of Mada3traveltours’ knowledge, correct, but Mada3traveltours cannot guarantee that all such information is accurate. Further, Mada3travel -tours reserves the right to change such information before any trip. The photographs reproduced and information provided depict typical scenes experienced and details on each destination. However, the depicted or described subject matter may not necessarily be seen or experienced while visiting that destination as conditions and itineraries may change, be adjusted, etc. as explained these terms.
23. Successors and Assigns
This agreement shall inure to the benefit of and be binding upon Mada3 TO Service Provider (operating as Mada3traveltours ) and you and your respective heirs, legal and personal representatives, successors, and assigns.
24. Terms and Conditions updating.
Mada3traveltours may on occasion amend these Terms and reserve the right to update or alter these Terms at any time. Any amendment will take effect seven days after being posted to our website, immediately upon notice to you in writing by email or mail, or your continued use of our services or participation on one of our trip will constitute your acceptance of the changes, whichever occurs first. An up-to-date hard copy of these Terms will be sent to you upon your written request. You are deemed to have accepted any amendments to these Terms on the date that is seven days after their posting on our website or immediately upon notice to you in writing by email or mail. We recommend that you refer to these Terms prior to travel to familiarize your -self with the most up-to-date version available.
25. Applicable law
Mada3traveltours being a company under Malagasy law; I (Participant/Traveler) agree that any dispute concerning, relating to, or referring to this agreement, or any other documentation concerning my tour or the tour itself, shall be resolved exclusively by binding arbitration according to the then existing commercial rules of Malagasy law and enforceable by the Commercial Court of Antananarivo Madagascar, which will be the only entity authorized to judge any dispute between us, and will have the exclusive authority to resolve any dispute relating to the interpreta -tion, applicability, or formation of this contract, including, but not limited to, any claim that; all or part of this contract, is void or voidable
26. Merger
This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
27. Traveler’s/Participant’s Representations
I understand that acceptance of the booking covering this trip and payment thereof is an acceptance by me of these Terms and for other trip conditions applicable to the trip. I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND ACCEPT THOSE CONDITIONS.
I intend to purchase travel insurance to cover my investment. Should I not purchase said insurance, I understand that I am assuming any financial loss associated with this trip.
I have read this entire agreement, and I am signing it freely. I understand that this is a legally binding contract. I confirm that I have had an opportunity to have all of my questions about this agreement answered by Mada3traveltours. My signature, e-signatures, and/or voluntary agreements apply to all pages of this agreement.
Mada3traveltours Lot IVI 36 Antsahalava Nord Ambohimalaza Miray .Tana 102 Madagascar Hotline :(+261) 344 643 396 or (+ 261) 330 829 867 .Emails:<mada3_trip@yahoo.com>, <contact@ mada3traveltours.pro>.