terms and conditions of use
Terms and Conditions Zanzibar Magic Website
Please remember when reading through these terms and conditions that we will bend over backwards to try and solve any problems arising during your trip and will try to avoid charging any cancellation fees wherever possible.
We will beg, scrape and prostrate ourselves whenever necessary to make sure everything goes as smoothly as possible.
Customers are asked to remember that things don’t always go quite to
plan in Africa as they do elsewhere, but this is improving with
and Tanzania having become very popular destinations in recent years
indeed due to the better and higher standard of services involved in
Bonding and booking security … See separate document
Specific room bookings are usually honoured but cannot be guaranteed.
Where a booking has been incorrectly made, or double booked and the
customer is not able to stay in the allotted hotel, then the Company is
liable to return only the sum paid by the customer for that booking.
We send our people round to each hotel and operator regularly to check not only that the bookings are correct, but also that they are automatically upgraded if a better room or option becomes available.
Very occasionally mistakes do happen, but Africa tends to be very adaptable and acceptable solutions are nearly always found.
TERMS AND CONDITIONS
for services with
Daud (David) John Kiango Zanzibar Magic Company Limited
hereinafter called the “travel agency”
Ruhinda Street, Dar es Salaam
The travel agency will act as an agent for non-gratuitous travel arrangements.
The terms and conditions apply to the services of the travel agency as a booking agent for travel arrangements.
The provision of these booking services does not constitute a travel
package in the sense of travel contract law.
In particular, the booking services of the travel agency include the provision of a travel contract between you as the customer and the desired supplier of travel arrangements, travel by airplane, train or bus, hotel accommodations, holiday apartment accommodations, boat travel and other travel arrangements.
All bookings of travel packages accepted by the travel agency are subject to the terms and conditions of the operator concerned.
2.1 The notification, which can be made in written form, orally, by telephone or by electronic means (via e-mail), is a binding order to the travel agency to act as an intermediary in the provision of a travel contract with a supplier of travel arrangements or of other travel and transport services.
The travel agency will book the travel arrangements promptly, whereby the acceptance of a booking is subject to the availability and capacity of the air carrier, ship owner, travel operator, owner or other supplier of travel arrangements and to the confirmation of the booking order.
2.2 By signing the notification form and or making payment for services, you are acknowledging the acceptance of the standard terms and conditions the travel arrangements, hotel accommodations, ship travel supplier or other services of the supplier that is named in the notification form.
In variation from the regulation of cancellation charges in the standard
terms and conditions, the travel operator can claim the full travel
price in the case of a cancellation or no-show.
2.3 Booking orders are binding.
The contract for services of the travel agency is concluded when the travel agency confirms acceptance of the formless order or if the travel service has already been performed.
However, the travel agency will inform you of the rejection or
non-availability of a travel booking immediately.
2.4 The scope of the service is defined in the notification form or on the basis of the standard terms and conditions of the operator of travel arrangements and is subject to point 2.2 above.
3.0 A down payment of 50% of the total rental cost is to be paid upon application for accommodations.
In order to ensure that the payment reaches the operator of the accommodations in a timely manner, the down payment shall be made by bank or post transfer within three working days.
In case of dispute, a copy of the transfer receipt can be sent by fax to
the travel agency.
3.1 Except in cases in which the terms and conditions of the travel operator specify otherwise, the payment of the full price of the travel arrangements is to be made no later than 6 weeks before commencement of the travel arrangements to the travel agency in the name of the travel operator.
3.2 The travel agency is empowered by the travel operator to invoice and collect the full price of the travel arrangements upon completion of the travel agency services and issuance of a voucher for a bankruptcy insurance policy, when available (in case of insolvency of the travel operator).
3.3 The payment shall be withheld by the travel agency until all of the services of the travel operator have been provided.
The customer has no claims to transfer of the payment except those that are based on the non-delivery of travel services due to insolvency.
This applies in particular to the statutory claim to a guarantee.
3.4 In the case that the travel agency must make advance payments to the travel operator or other suppliers of travel services, it is entitled to claim the advance payments from the customer to recover the expenses when they are incurred and provided that a voucher for a bankruptcy insurance policy has been issued.
3.5 The travel documents can be forwarded to you for a fee as soon as they are made available by the travel operator, air carrier or other supplier of travel services and with the voucher of a bankruptcy insurance policy, when applicable.
The travel agency assumes no responsibility for travel documents that are sent to you through the post.
The travel agency is not obliged to replace any missing or lost travel
documents on a gratuitous basis.
3.6 Changes in the prices of air carriers are not in the power of the travel agency.
The travel agency is entitled to pass on to you changes
in the prices of air carriers or justifiable additional charges of the
This applies in particular in the case that the travel agency is charged for such expenses by the air carrier.
The permissibility and amount of changes in prices or rates are
determined in the terms and conditions of the travel operator and the
standard terms and conditions of the air carrier.
Changes in Supplier Conditions
Air carriers reserve the right to alter the routes of air transport, flight timetables and start and destination airports, including the use of different airplanes and air carriers.
The travel agency is not liable
for any changes undertaken by the air carrier.
The cancellation of travel arrangements made available by the travel agency are subject to the standard terms and conditions of the travel operator.
The cancellation of accommodations made available by the travel agency
are subject to the following conditions except in the case that the
operator of the accommodations specifies other conditions for
The following charges are made in the case of cancellation:
– up to six weeks prior to arrival date: 12.5 % of the total rental
– up to four weeks prior to arrival date: 25 %,
– up to three weeks prior to arrival date: 50 %,
– up to ten days prior to arrival date: 75 %*,
– the full rental price is due for cancellations that are made within ten days of the arrival date*.
(* The cancellation charges are usually reimbursed – less an
administrative fee of 60 Euro – if the travel operator or the travel
agency are able to rent booked accommodations that are cancelled within
three weeks prior to arrival.)
6.1 The travel agency acts as an agent for the provision of travel arrangements by a third party unless otherwise specified in the travel confirmation or invoice.
The travel agency therefore has no direct contractual liability in connection with the travel arrangements provided by the supplier/operator of travel arrangements.
6.2 The contractual liability of the travel agency arising from its activity as an intermediary for travel arrangements is limited to one and one-half times the price of the travel arrangements, provided that damages are neither intentional nor due to negligence.
6.3 In such cases, the travel agency is not required to refund all or part of the price of the travel arrangements insofar as expenses have been incurred or payment made to the travel operator.
6.4 It is your responsibility to ensure that you comply with applicable passport, visa and health requirements and that you procure all necessary documents.
The travel agency is not liable for the timely issue and availability of
required visas by the applicable diplomatic office, even when you have
contracted with the travel agency to perform these services, except in
cases in which the travel agency is responsible for the delay.
6.5 You are also responsible for complying with all regulations applicable to the execution of the travel arrangements.
You are liable
for any loss that arises from non-compliance with these regulations
except in the case that the travel agency has provided false information
or failed to provide information.
6.6 In the course of performing its duties the travel agency will make inquiries at the responsible organisations and government authorities but assumes no responsibility for the accuracy and completeness of the information provided.
7. Termination of Individual Conditions
If a condition specified in these general terms and conditions be invalid or terminated, the validity of all other conditions remains unaffected.
The invalid condition is to be replaced by a valid condition that is
best suited to fulfilling its intended commercial purpose.
All services provided by the travel agency and payments as well as any disputes between the contracting parties, including disputes regarding checks and bills receivable are subject to the exclusive jurisdiction of the country in which the travel agency is located, i.e., Dar es Salaam, Tanzania where we are based.