Diamond & Pearls
TERMS & CONDITIONS
DIAMONDS AND PEARLS TRAVELS LIMITED
Please read the below terms and conditions carefully: They constitute part of the contract between you and Diamonds and Pearls Travels Limited (herein after referred to as “D& P Travels” or the “Company”).
BOOKINGS AND DOCUMENTS
Bookings are only secured when we have received the minimum deposit from you. In the event that the balance is not paid 14 days before the travel date, we are entitled to cancel your booking and retain 100% of the initial deposit paid. You are required to review all aspects of your booking to verify vital information including but not limited to: passenger itineraries, names, email address, telephone number, etc. Please notify the Company immediately ifyou noticeany omissions and/or corrections are needed regarding the booking details. You assume full & sole responsibility for any and all risks and/or costs involved with failure or delay to report such errors and/or omissions.
All Payment must be made into the Company’s corporate account with the Account name DIAMONDS AND PEARLS TRAVELS LIMITED. The Company accepts bank transfers, cheques or cash payment. We may also receive payment through Paystack on our website and through Paystack payment pages sent to you via email. Other than the means stipulated for payment by the Company, the Company accepts no responsibilities for payment made to any third party on behalf of the Company without the Company’s express instruction. You agree that failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. You voluntarily hold the Company harmless for cancellation of any booking on account of either late payment or declination of a credit card or cheque.
Prices and availability quoted by the Company are based on the information available to the Company as at the time of quoting. Accordingly, such prices and availability are not guaranteed until payment is made in full. The Company is not responsible for any variation, errors or omissions in any quotes, advertisements including prices quoted on its marketing materials and/or website.
It is your responsibility to take out Travel insurance to cover illness, accident or injury, loss of or damage to baggage and other insurable matters. We accept your booking on the understanding that you have an insurance cover in place and accordingly shall not be responsible or liable from any act or omission arising from your failure to take adequate insurance cover.
Where you have paid for a package that covers insurance policy payment, the policy document of the insurer will be forwarded to you once the insurance has been confirmed by the insurer. Consequently, the contract of insurance is between you and the insurer. You agree that the Company is not an agent of the insurer and shall not be held liable for any act or omission of the insurer. Should the insurers dispute their liability for any reason; the customer will have recourse against the insurers only.
FLIGHT AND OTHER TRAVEL TIMINGS
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions. It is the customer’s responsibility to get to the airport within the scheduled time and check-in on time. There is no guarantee that flights, ferries, ships, trains, or coaches will depart at the times stated on any itinerary or tickets which you receive. All timings where stated are estimates only, and we do not accept any liability for any delay, however arising, or for any schedule alterations.
TICKETS AND STOPOVERS
Once ticket has been paid for and issued by the airline, you agree that the airline policy shall govern your travel itinerary with the airline and that the contract as regards the ticket is between you and the airline. Accordingly all issues including but not limited to missed flight, baggage related issue shall be resolved in line with policy of the airline. The Company may however intervene to facilitate peaceful and speedy resolution between you and the airline. You agree that such intervention by the Company does not make the Company liable for any of your loss.
Airline tickets are usually non-refundable and non-transferable except the airline permits otherwise. Modification of passenger names, dates, times, routings, or departure/arrival airports are at the sole discretion of the airline and not within the control of the Company. Except expressly agreed otherwise, your journey to the airport or other airport where there is a connecting flight is at your expense. The Company will not be able to reimburse you for these costs, nor will it be liable if you miss your connecting flight.
You agree that you will not deviate from your booking by making any unscheduled stopovers.
In the unlikely event of there being an unscheduled extension to the holiday caused by flight delays, bad weather, strikes, or any other cause which is beyond the control of the Company, it is understood that the expenses relating to these unscheduled extensions, (hotel accommodation, flight etc.), will be borne by you. We accept no liability for changes, omissions, or delays before or during the course of any trip occasioned by technical difficulties, weather conditions, strikes or communication breakdowns or unscheduled extension.
We collaborate and work with suppliers who provide several services to make your trip and vacation memorable. The Company is simply an intermediary between you and the Suppliers for your travel package. The Company does not own or operate any of, hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travelinsurance companies, attractions etc. You agree that the Company shall not be held liable for any loss, damage, delay, inconvenience or injury to you as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any third party including but not limited to these Suppliers, their employees, agents, servants, or representatives.
While we will endeavor to select top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. You acknowledge and agree that the Company shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. The Company is not liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The customer admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage.
If you wish to make a change to your booking, we mayassist you to make the change wherever this is possible and within our control. Note that such changes are subject to the policy of the supplier. You will however be required to pay all charges, whatever kind, imposed by the suppliers providing that component part of your travel arrangements which you intend to change. You agree that changes to Group packages arerestricted as any change by any member of the group will affect the other group travellers. In most cases, we may not be able to entertain your changes and we shall not be held liable to failure/inability to make changes which are not within our control.
It is our responsibility to provide you with the service and products that you have paid for. In the event that any changes arise, we will inform you and request your consent before making any changes to your booking.
While on our group trip, you cannot extend your stay without the express consent of your travel consultant or tour leader. In most cases, extension of your stay will not be granted as the Company may have given an undertakingto the embassy of such destination at the point of visa processing that all our customers will return on the set date.
CANCELLATION BY YOU
All cancellations or no-shows are subject to penalties imposed by the supplier and according to the supplier’s terms and conditions. If you require a copy of these terms, the Company will provide the information as received.
By making the booking, you hereby accept & acknowledge liability for all cancellation fees imposed by the Company and the supplier.
You are required to immediately contactyour Travel and Tour Consultant if you wish to cancel your booking. You will be liable to pay the following cancellation charges which may change from time to time:
Tour operator cancellation charges will apply and are normally calculated on a sliding scale, displayed below.
DAYS BEFORE DEPARTURE CANCELLATION CHARGES
30 – 45 DAYS 40% of the total cost of the package
15 – 30 DAYS 50% of the total cost of the package
7 – 15 DAYS 60% of the total cost of the package
0 – 7 DAYS 100% of the total cost of the package
In the event that the cancellation is because of a force majeure event, illness or death, you are required to provide documentary evidence to support that event. Upon receipt of your documentary evidence, we may make a special cancellation request from our suppliers. Note that we do not guarantee that any supplier will accept your documentary evidence or accede to your cancellation request. Our suppliers have the right to decline and charge their fees if they are not satisfied with the documents provided.
AIRLINE AND HOTEL REFUND PROCEDURES
Refund policies of the various airlines and hotels vary greatly. We may assist you to present a Refund request to the relevant airline or hotel for assessment. Should a refund be authorized, such refund will be made to you, less any cancellation or administrative charges.
We do not guarantee the time frame for processing of refund request by any airline.
PERSONAL TRAVEL ALLOWANCE (PTA)
The Company is only responsible to provide and/or facilitate the provision of all its advertised services such as:
• Economy or business class return ticket on any airline we advertised
• Hotel accommodation,
• Visa application assistance/support,
• Tours and sightseeing
• Airport transfers.
• Any additional services advertised by the Company which are always destination specific
The Company is not responsible for your PTA or how you procure same. You agree that the Company cannot be made to speed up ticket or visa support processes so as to meet the deadline for your PTA application.
You also agree that the Company cannot be held responsible for your failure or inability to process, apply or get your (PTA) for any reason whatsoever.
DELAYED TICKETS & TRAVEL DOCUMENTS
Occasionally and for reasons outside the Company’s control, airlines send tickets to the Company few days to the trip. Except we advise that the travel date will be changed, please note that the travel date remains the same and flight ticket and any other services advertised will be issued/provided on or before the travel date. The Company shall not be held liable for any delay in ticket issuances or visa application.
Once a customer joins or subscribes to the Company’s package and the Company has taken steps towards providing visa application and other necessary support for the customer as advertised in the package, the customer shall not be entitled to any refund of payment made to the Company irrespective of his/her reasons for cancellation. The non -refund policy of the Company applies whether the visa has been approved or not.
COVID-19 AND OTHER INFECTIOUS DISEASES
Where a customer tests positive for Covid-19 or any infectious or communicable disease prior to a trip, all the funds paid and committed to the trip cannot be refunded by the Company as such funds must have been paid to the various service providers providing the services.
In the event that you have any complaint, or you experience any problems with your holiday whilst away, you must immediately inform your Travel Consultant. Once you have paid the deposit, it means that you have accepted to stay in the hotel chosen, fly the airline quoted in this package and do all the activities planned for the trip. It is your responsibility to check the hotel pictures and read the reviews prior to payment. A link to view the hotels details will be provided by your Travel Consultant. In the event that you do not like the hotel or airline while on the trip and you want to cancel, no refunds will be made to you. Whilst every effort will be made to resolve your complaint to your satisfaction, the Company will not be liable for any claim.
PASSPORTS, VISAS AND HEALTH
It is entirely the customer’s duty to ensure that all passports & visas are current, valid, obtained on time and that any vaccinations, inoculations, prophylactics (e.g. for malaria), covid-19 PCR test and the like, where required, have been obtained. Passports must be valid for 6 – 9 months after returning to your resident country after the holiday.
We may provide visa requirements guide and support to customers. Note that Diamonds and Pearls Travels Limited does not issue visa and does not in any way guarantee visa issuance to any customer. The Company shall not be held liable for visa refusal or delay in the customer’s visa and accordingly shall not be held liable to refund visa fee or any fee paid towards visa processing assistance/support provided by the Company.
Once the customer’s visa application has been submitted and paid for, changes to agreed travel package may not be allowed. In the event that the customer insists on cancellation or changes thereafter, the customer understand that such cancellation or change may result in loss ofentire deposit made and no refund will apply. Where the requested changes apply to a group package, the customer may lose the group package privileges such as reduced rates for hotel, air fares etc. and will be required to pay more before travelling with the new itinerary. For clarity, no refunds of the deposit shall be allowed at this stage and deposits paid will be forfeited except to the extent of any refund that the supplier may allow. Customers are therefore advised to make their changes before their visa is submitted on their behalf.
COVID 19 TEST
If your Covid 19 or any infectious disease test comes out positive, you may not be allowed on the trip as stipulated by Covid 19 protocols for airlines. In such a case, you will bear the cost of date change for your flight ticket and hotel extension or hotel stay or medical care as it may apply depending on the country you are in. The Company will not be liable for any of these costs as we do not include them in any of our packages. We may assist you claim the cost of your medical care while abroad if your Travel health insurance was acquired through us but we cannot guarantee the claim as the insurance company will have their criteria which you must satisfy to get your claim
Except where otherwise expressly stated in the booking conditions, we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”. “Force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute or strike, natural or nuclear disaster,epidemic/pandemic, adverse weather conditions, fire and all similar events outside the Company’s control.
The Terms and Conditions may be amended or modified by the Company at any time without notice. The terms and conditions may have changed since the last time an order was placed by you. It is therefore your responsibility to familiarize yourself with the Terms and Conditions to know what is applicable prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such section.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in all respects in accordance with Nigerian law and shall be subject to the jurisdiction of Nigerian courts.
Any claim or dispute arising out of or relating to this agreement or the breach thereof shall in the first instance be attempted to be settled amicably by the Parties by way of direct negotiation.
If the dispute, difference or claim is not settled amicably within 30 (thirty) days, the dispute shall be referred to a single Arbitrator agreed to or appointed by the Parties.
In the event that Parties are unable to agree on a single Arbitrator within 30 days after which a Party has demanded that such dispute be referred to an Arbitrator, any of the Parties shall be entitled to require the appointment of an Arbitrator by the Chairperson of Chartered Institute of Arbitrators (UK), Nigerian Branch, who in making his appointment, shall have regard to the nature of the dispute in question and appoint an Arbitrator who is experienced and skilled in the area of dispute.
The arbitration shall be held in Lagos Nigeria, and conducted in the English Language.
The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act of Nigeria and the Rules made pursuant thereto.
By paying the initial deposit for this package, you confirm that you have read, understood and agreed to these terms and conditions which will be binding on both parties.
Thank you for choosing Diamonds and Pearls Travels,