The Momo Tours Angola, opperating in Angola is registered by Camila Gabs Tours, Lda. All bookings are made with Camila Gabs Tours, Lda
2.1.1. Final itineraries will reflect the following:
2.1.2. Itineraries relating to a Tour / Tour Series may be subject to change at any time (even after issue) due to unforeseen circumstances beyond the control of Momo Tours Angola. This includes Travel, Accommodation and Activities. Every effort will be made to operate itineraries as planned.
2.1.3. Momo Tours Angola reserves the right to make alterations to and/ or withdraw a Tour / Tour Series or any part of it as is deemed necessary, and to pass on to the Guest any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, Momo Tours Angola reserves the right to make adjustments to the itinerary of the Tour costs as necessary.
2.1.5. Safekeeping of baggage and personal effects shall at all times remain at the Guest’s risk. Momo Tours Angola will assume no liability for lost or damaged baggage.
2.1.7. Guests traveling with Momo Tours Angola for less than 5 days are not covered for our travel insurance. The Guest should take a travel insurance covering against personal accident, death, medical expenses and emergency repatriation. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects.
2.1.8. By virtue of the fact that Momo Tours Angola sub contracts all flying services to independent operators, Momo Tours Angola cannot accept any responsibility in respect of any delay in flights and / or any inaccuracies of flight schedules which may occur.
2.1.9. Momo Tours Angola reserves the right to take photographs during the operation of any tour and use them for promotional purposes. By booking a Tour with Momo Tours Angola it will be deemed that Guests have consented to the use by Momo Tours Angola of any photographic image taken of them whilst on tour. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.
2.2 Assumption of Risks
Guests booking and traveling with Momo Tours Angola aknowledge and assume taking the following risks:
2.2.1Forces of nature; terrorism; civil unrest; war; accidents; and transportation including land vehicles, boats, and aircraft
2.2.2 Risks associated with altitude, illness, disease, physical exertion, and alcohol consumption, knowing that access to evacuation and/or suitable medical supplies and support may not be available.
2.2.3 Understand that travel, international and domestic, is not an inherently predictable or safe activity. involves a risk of delay, theft, injury, disease, or death
2.2.4 Understand that travel is subject to all sorts of unpredictable forces and many known risks in the country in which you live and depart from, the transportation that conveys you, and the places in which we operate.
2.2.5 Understand that travel is subject to all sorts of unpredictable forces and many known risks in the country in which you live and depart from, the transportation that conveys you, and the places in which we operate.
2.2.1. Price of the Tour shall include a Momo Tours Angola’s fee for planning and arranging itineraries, handling and operational charges quoted on United States Dolares or the current rate of exchange and tariffs.
2.2.2. Scheduled Activities will include entrance fees where stipulated. The price will be subject to revision in event of significant changes in foreign currency, tariff rates, taxes etc.
Unless expressly included, all and any cost (without limitation) of obtaining passports, visas, travel insurance for tours less than 5 days,tips, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the tour pricing.
2.4 BOOKING PROCESS
2.4.1. The Guest is responsible for informing Momo Tours Angola of any booking confirmations, amendments, reductions or cancellation in writing by e-mail to enable Momo Tours Angola to make the required arrangements. The onus of proof of delivery will rest on the Guest.
2.4.2. Provisional booking periods may apply and Momo Tours Angola reserves the right to release reservations.
2.4.3. Momo Tours Angola will, at the request of the Guest in writing, attempt to extend provisional bookings. Any extension of any provisional period will, however, at all times remain the sole and unfettered discretion of third party suppliers.
2.4.4. The Guest should be in possession of the required deposit payment and travel insurance before confirming any Reservation with Momo Tours Angola, the latter can be facilitated through Momo Tours Angola with a third party;
2.4.5. Upon confirmation the Guest’s passport nationality will be required, which information will be used solely for market data purposes.
2.4.6. Confirmed Reservations are invoiced with payment required as per the provisions of clause 3.2 for Independent Travellers and clause 3.3 for Groups. Where Touring Services have been booked the final invoiced amount will be inclusive of an itinerary planning and arranging fee, handling and operational fee and VAT where applicable but exclusive of the cost of obtaining passports, visas, excess luggage and items of a personal nature unless expressly included;
2.4.7. Confirmed Accommodation will be subject to the appropriate payment and cancellation policy as set out in clauses 22.214.171.124 and 3.2 for Independent Traveller reservations or clauses 126.96.36.199 and 3.3 for Group Reservations;
2.4.8. Amendment, Reduction, Refund and Cancellation Policy
3.1.1. Unless prior arrangements have been made with Momo Tours Angola the Guest shall at all-times remain solely liable and responsible for the payment of all invoices issued by Momo Tours Angola in respect to Confirmed Reservations, as well as the payment of any cancellation fees due.
3.1.2. Payment shall be effected by electronic fund transfer into accounts as provided at time of Confirmation or via secure online payment portal.
3.1.3. Momo Tours Angola reserves the right to request payment by credit card or PayPal to secure all short lead time bookings which have been confirmed within 7 (seven) days of travel.
3.1.4. Should the Guest fail to effect any payment on due date or breach any of the other Terms and Conditions , Momo Tours Angola shall, be entitled to:
3.2 INDEPENDENT TRAVELLERS
3.2.1. The following specific payment policy applies:
3.2.2. In addition to the deposit payment, all flights, where required would need to be paid in full.
3.3.1. The following Group payment terms apply and exclude any other payment conditions agreed for Independent Travellers. Deviations to this payment condition are agreed by exception:
3.3.2. In addition to the deposit payment all flights, where required would need to be paid in full.
4.1 Electronic transfers or bank drafts drawn must be in favour of the Momo Tours Angola entity as listed on the relevant invoice provided by Momo Tours Angola as these will vary per Momo Tours Angola entity transacted with.
4.2 A copy of the MT103 deposit slip or bank stamped draft, together with the appropriate Guest / Group details, Reservation number and invoice number must be faxed or emailed to the Momo Tours Angola reservations consultant being dealt with.
5.1 THE GUEST SHALL:
5.1.1. Provide at time of confirmation their nationality, which information is to be used for market data purposes only;
5.1.2. Adhere strictly to the provisions of the Terms and Conditions;
5.1.3. Not knowingly engage in any distribution or trade practice or advertising method which will be harmful to Momo Tours Angola;
5.1.4. Without delay, communicate all Bookings and / or cancellations to Momo Tours Angola in writing by e-mail;
5.1.5. Promptly comply with any reasonable instruction given by Momo Tours Angola;
5.1.6. Ensure they take out comprehensive travel insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment;
5.1.7. Ensure they have the necessary and correct passport, visa and vaccination requirements to cover all the countries into which travel is planned;
5.1.8. Seek medical advice regarding prophylaxis and vaccination requirements for countries and regions into which travel is planned;
5.1.10. At time of Booking provide all special requests or preferences;
5.1.11. The Guest shall at all times be solely responsible for ensuring that all payments due to Momo Tours Angola are received timeously by Momo Tours Angola in accordance with the provisions of the Terms and Conditions.
5.1.12 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 will lead to termination from a trip without refund.
5.1.13 Acknowledge 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 but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. We will however in the best of our ability and in consideration of safety and time include all of the components stated in our product itineraries.
6.1 Momo Tours Angola SHALL:
6.1.1. Have the responsibility of planning and arranging itineraries, provide quotations, make Reservations, Confirmations, invoicing and credit control relating to the Tour and / or Tour Series;
6.1.2. Stipulate all accommodation, specifications, transfers provided on arrival and departure from airport to hotel and return when specified in the itinerary;
6.1.3. Be entitled to change travel arrangements (e.g. flights), accommodation and arranged activities due to unforeseen circumstances after the itinerary has been issued. Should this occur Momo Tours Angola will inform the Guest. Every effort will be made to operate the tour as planned;
6.1.4. Make every effort to secure special requests, however these cannot be guaranteed;
6.1.5. Promptly supply the Guest with brochures, information and marketing collateral the Guest may require;
6.1.6. On request, provide to the Guest proof of any insurance policies taken out in Momo Tours Angola’s name; and
6.1.7. Ensure that all brochures, advertising material and other documents of whatever nature supplied to the Guest are accurate and fully comply with all applicable laws, regulations, rules and codes of practice.
7.1. The Parties shall be entitled, without prejudice and in addition to any rights which they may have in terms of this agreement or in Law applicable within the Applicable Jurisdiction forthwith to cancel this agreement or to uphold this agreement and in either event to claim such damages as it may have suffered in the event that the other Party:
7.1.5. If the Guest fails to timeously pay to Momo Tours Angola any amount due to Momo Tours Angola as set out in the Terms and Conditions, and fails to remedy such breach within a period of 3 (three) Business Days after receipt by it of written notice from Momo Tours Angola calling for such breach to be remedied, Momo Tours Angola shall be entitled, without prejudice, to its rights in terms of the Terms and Conditions, or in law, to terminate these Terms and Conditions and claim such damages as it may have suffered, and to cancel any Reservations that may have already been made for the Guest.
8.1 For purposes of this clause 8:
8.1.1 the term “Guest” shall include the Guest, its beneficiaries, estate, directors, partners, members, employees, agents, servants, assignees, and/or successors in title;
8.1.2 the term “Claims” shall include all and any claims, payments, demands, actions, causes of action, losses and expenses, including all and any future and unascertained damages;
8.1.3 the term “Third Party” shall include any party who does not have a direct connection with this agreement but might be affected by it, and includes Third Party Service Providers;
8.1.4 the term “Third Party Service Provider” shall include any party who does not have a direct connection with this agreement who has been engaged to carry out and operate part of the Tour; and
8.1.5 the term “Third Party Claim/s” shall include all and any claims, payments, demands, actions, causes of action, losses and expenses, including all and any future and unascertained damages that any party who does not have a direct connection with this agreement but might be affected by it may have.
8.2 The Guest acknowledges that:
8.2.1 the Tour / Tour Series or part thereof may be inherently dangerous, including but not limited to visiting isolated regions, being in close proximity to wildlife, chartered Travel and participating in activities related to the conservation of game;
8.2.2 parts of the Tour / Tour Series may be carried out and operated by Third Party Service Providers and that Momo Tours Angola does not accept any responsibility for the performance of these parts of the Tour / Tour Series;
8.2.3 Guests may be required to accept additional terms and conditions, which may include exclusions or limitations of liability before commencing certain activities or embarking on certain travel;
8.2.4 Safekeeping of baggage and personal effects shall at all times remain at the Guest’s risk and that Momo Tours Angola assumes no liability for lost or damaged baggage.
8.3 The Guest hereby agrees to hold harmless Momo Tours Angola from for and against all Claims, arising from or following or in any way connected to the following:
8.3.1 this agreement;
8.3.2 the Booking;
8.3.3 the Tour / Tour Series or any part thereof;
8.3.4 all and any statutory or strict liability;
8.3.5 all and any negligent acts (excluding gross negligence) or omissions of Momo Tours Angola ;
8.3.6 all and any acts or omissions of any other party, including but not limited to Third Party Service Providers (not limited to negligent acts); or
8.3.7 all and any extraneous events including but not limited to rain, storm water, hail, lightening, fire, riots and strikes.
(Note: The effect of this clause is that the Guest abandons any Claims that it may have against the Momo Tours Angola arising from, following or in any way connected to the items listed at clauses 8.3.1 to 8.3.7 (above).
8.4 The Guest hereby agrees to indemnify Momo Tours Angola from, for and against all Claims, which may be taken or made by a Third Party, arising from or following or in any way connected to the following:
8.4.1 this agreement;
8.4.2 the Booking;
8.4.3 the Tour / Tour Series or any part thereof; or
8.4.4 the conduct of the Guest.
(Note: The effect of this clause is that if any Third Party makes or brings a Third Party Claim against Momo Tours Angola connected to this Agreement, the Tour or any part thereof or the conduct of the Guest, the Guest will be responsible to pay to Momo Tours Angola the value of the Third Party Claim).
8.5 The Guest hereby agrees to indemnify Momo Tours Angola from, for and against any legal or other expenses which may be incurred as a result of and/or in consequence of any Third Party Claim arising from or following or in any way connected to this Agreement, the Tour or any part thereof or the conduct of the Guest.
(Note: the effect of this clause is that if any Third Party makes or brings a Third Party Claim against Momo Tours Angola arising from or following or in any way connected to this agreement, the Tour or any part thereof or the conduct of the Guest, in addition to being responsible to pay the value of the Third Party Claim, the Guest will be responsible to pay to Momo Tours Angola the cost of any legal or other expenses that may be incurred as a result of the Third Party Claim).
9.1. If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under the Terms and Conditions for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods and acts of God), the Party so affected shall be relieved of its obligations hereunder during the period of that event and shall not be liable for any delay or failure in the performance of any obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure, provided that written notice of the inability to perform shall be given by the Party so affected within 48 (forty eight) hours of the occurrence constituting force majeure.
9.2. The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.
10.1. In the event of any dispute, controversy or claim (a “Dispute”) as to the rights and obligations of the Parties or as to any other matter arising from or out of or that in any way is related to the Terms and Conditions, including any question as to its existence, validity or termination, the Parties shall attempt in good faith to resolve the Dispute between themselves.
10.2. If the Parties are unable to resolve a Dispute by mutual agreement within 14 (fourteen) days after the Dispute is first communicated in writing by any Party to the others, then the Dispute shall be submitted to and decided by arbitration in accordance with the Applicable Laws governing arbitration proceedings within the Applicable Jurisdiction.
10.3. The provisions of this clause 10 shall not preclude any Party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process.
11.1. If any provision of the Terms and Conditions is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11.2. Neither Party, nor trustee, provisional liquidator, liquidator, provisional judicial manager, or judicial manager of any Party, may, without the express written consent of the other Party, cede or delegate any of its rights and/ or obligations in terms of this Agreement except as provided for in clauses 15.1 and 15.2.
11.3. Each Party shall co-operate with the other and execute and deliver to the other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purposes.
11.4. No failure by a Party to enforce any provision of the Terms and Conditions shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
11.6. Except to the extent of its own gross negligence, recklessness or wilful misconduct, Momo Tours Angola will not be responsible for any damages suffered by the Guest as a result of the transmission of confidential or other information disclosed to Momo Tours Angola through the Internet.
All and any costs incurred by either Party arising out of or in connection with a breach of any of the provisions of the Terms and Conditions by the other Party, including but not limited to legal costs on the attorney and own client scale, shall be borne by the Party in breach.
13.1 All provisions of this agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
13.2 Any provision of this agreement which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of this agreement shall remain of full force and effect.
13.3 The Parties declare that it is their intention that this agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
14.1 Save for where expressly provided herein, the covering letter and agreement, read with the confirmation of acceptance of each provisional booking, any rights conferred on Momo Tours Angola by the Guest in other documents, contains the entire agreement between the Parties.
14.2 Momo Tours Angola shall not be bound by any representation, warranties, undertakings, promises or the like (whether or not made by Momo Tours Angola , its companies or servants) which are not recorded therein.
14.3 Subject to the provisions of this agreement, no alternation, variation or cancellation by agreement of, amendment or addition to, or deletion from this agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
15.1 Subject to the provisions of clause 10 above, the Parties unconditionally consent to the relevant court(s) within the Applicable Jurisdiction having the authority to preside over any matter(s) / dispute(s) arising from this agreement.
15.2 The terms and conditions of this agreement shall be governed by, and shall be construed in accordance with the Laws of the Applicable Jurisdiction.
This agreement may be executed in counterparts, each of which will be deemed to be an original of this agreement with the same force and effect. A facsimile or photocopy of a fully executed counterpart of this agreement, or of a set of identical versions separately executed by the Parties, will be valid evidence of the existence and the terms of this agreement.
17.1 Definitions for the purposes of this agreement, unless the context requires otherwise shall be as follows:-