General Terms and Conditions

Principal Agent

All holidays are arranged by Nyati Beach lodge in collaboration local agents.

Your holiday contract
Please refer to our published brochures, folders and other sales material, and our invoice and its appendix; taken together, these comprise the contract governing your participation in the holiday. Travellers are obliged to accept and sign the customary indemnity forms upon arriving at Nyati Beach Lodge.

Acceptance
The agreement is binding for both parties upon payment to Nyati Beach Lodge where customers confirm that they have read, understood and accepted the terms and conditions relating to the trip stated orally, in writing and/or in the brochure material. First names and surnames are to be stated in exactly the same form as in the traveler's passport. Nyati Beach Lodge cannot guarantee that places will be available for the products offered until it has received confirmation from its suppliers and collaboration partners.

Payment
Customers pay 100% upon booking the holiday, unless otherwise agreed. Any remaining balance is to be settled 30 days prior to the date of your arrival.

Prices
The price of the holiday covers the services stated in the price list and program. All taxes and charges will be included in the price of the trip, except for an airport tax, which Mozambique imposes on travelers upon arrival in order to issue a tourist visa. This airport tax can only be paid in cash on the spot upon arriving in Vilanculos airport. Nyati Beach Lodge has no influence over this and is therefore not liable for any unpublished or amended taxes and charges in those countries and areas where these are imposed by the local authorities.

Cancellation
Holidays must be cancelled in writing. Cancellations made earlier than 8 weeks prior to the day of arrival will result in loss of deposit. Holidays cancelled between eight to four weeks prior to the day of arrival involves a 50% cancelation fee whereas cancelations made after 4 weeks prior to arrival will result in the loss of the right to any repayment. If the conditions at the holiday destination in the period 14 days prior to departure are of such a nature that these present an immediate danger to customers' lives or well-being, e.g. acts of war, natural catastrophes or infectious diseases, the entire price of the holiday will be refunded. However, this is dependent on the authorities (for Foreign Affairs) directly advising against travelling to the area in question. However, the full price will not be refunded if the customer was aware of the circumstances, or the circumstances were generally known, at the time the contract was entered into.

Cancellation insurance
We recommend you take out cancellation insurance that covers charges relating to cancellation as a result of events such as serious illness (certified by a doctor), accident or death, that affect the traveller, his/her spouse, children, parents or siblings etc. prior to departure. In order to be valid, cancellation insurance must be taken out and paid for at the same time as the holiday is paid to Nyati Beach Lodge. Note: If the person to whom the cancellation relates is 75 or older, the company's liability to pay compensation shall be restricted to a maximum of US$ 3,000 per person. Any insurance will also not be valid in the event, for example, that an illness was known at the time the insurance was taken out. Nyati Beach Lodge collaborates with travel insurance companies. Further information will be given to you when the holiday is booked.

Amendment of bookings
If a customer wishes to make changes to booked services, and does so within six weeks of departure, an administration fee of US$ 100 is payable per booking per change. Later changes shall be deemed to constitute cancellation and re-booking, and shall incur the fees and terms and conditions applicable in the event of cancellation.

Transfer of holidays
It is generally possible to transfer the holiday to another person. In addition to an administration fee of US$ 100, collaborating suppliers could charge additional related fees. If insurance has been taken out, this cannot be transferred to another party and will not be refundable. If a holiday is transferred, the original purchaser remains jointly and severally liable for paying for the holiday.

Non-appearance, unused services etc.
In the event the traveller fails to appear at the stated time and location for the outward or homeward journey, or if the traveller is unable to appear or complete the journey because he/she does not possess adequate travel documentation such as a valid passport, required visa or vaccination certificates etc., the principal agent shall have the right to charge the total price for the holiday. If the traveler does not use the stated transport or in any other way fails to use the services that have been booked, it will not be possible to claim compensation for such unused services.

Travel insurance
Most health insurance arranged through credit cards etc. does not provide additional cover for journeys to Africa or Mauritius. We therefore strongly recommend that you take out travel insurance that provides unlimited cover in respect of any illness and/or necessary transport home.

Passports, visas and vaccinations
Travellers are responsible for determining the relevant travel requirements, such as information on matters relating to passports, visas, health-related conditions including requirements regarding vaccinations or similar conditions required in order to take the holiday from each individual country's embassy, consulate and the official foreign vaccination authority. In the event such information is not provided, Nyati Beach Lodge shall not be liable for any consequences for the traveler relating to inadequate entry documentation, vaccinations etc. Passports must normally be valid for at least six months after the return journey for visits to non-EU countries.

Changes in prices after the contract comes into force
Prices are based on tariffs, charges and foreign exchange rates prevailing at the time of issue. Nyati Beach Lodge therefore reserves the right to increase prices after the contract comes into force if there are changes in transport costs, including fuel prices, taxes, fees or charges for services such as airport taxes, landing, and take-off surcharges etc. The traveller is to be notified of any price increase as soon as possible, and in any case no later than 20 days prior to departure, and the increase must not exceed 10 % of the advertised price of the holiday. If these conditions are not met, the traveller may cancel the holiday free of charge. However, in such cases Nyati Beach Lodge must be notified of cancellation immediately after the price increase has been announced. The customer will be informed of decreases in prices resulting from reductions in the cost of the above-named factors as soon as possible.

Program changes or cancellation
Nyati Beach Lodge reserves the right to make necessary changes to forms of transport, timetables, hotels or other matters connected with the holiday. Such changes will be notified as soon as possible. In such cases the travellers shall only have the right to compensation to the extent that the alternative offer we make is objectively and significantly different from the booked offer. The holiday can be cancelled if in the opinion of the organizer there are compelling grounds that render this necessary. Such grounds must be notified no later than 20 days before the planned departure. The traveller will be refunded the full amount paid in the event of cancellation. No further compensation will be paid.

Liability of the principal agent
Nyati Beach Lodge is responsible for implementing trips in line with the relevant program and price list. However, Nyati Beach Lodge shall not be responsible for any shortcomings, changes and/or cancellations as a result of force majeure or incidents similar to force majeure, i.e. all incidents that the agent could not predict, mitigate or avert (breach of contract, unofficial strikes, weather etc.) at the time the contract was entered into.

Customer obligations
Travel documents: Customers must ensure that they have a valid passport and the required visas and vaccinations prior to setting out on holiday. Customers should similarly check that forenames and surnames on tickets, passports and other documents are correct and correspond before travelling. Names on flight tickets must correspond with names in passports. If this is not the case you may be not be allowed to check onto the flight. Nyati Beach Lodge shall not be liable for any consequences relating to provision of incorrect information of which it has not previously been aware.

Meeting and departures times: Customers further undertake to keep themselves informed of any changes in meeting, onward travel and home journey times by contacting local agents and airlines. Customers similarly undertake to arrive on time at the times stated in the timetable or at any other clearly stated meeting places and at times for tours, onward and home journeys etc., see section on non-appearance.

Reconfirmation of flight reservations: Customers undertake to reconfirm reserved scheduled flights. Flights should be reconfirmed no later than 72 hours prior to the notified meeting time

Other terms and conditions: Nyati Beach Lodge cannot be held liable for obvious errors in the program, printing errors and changes in prices as a result of changes in economic conditions.

Complaints
Any complaints relating to shortcomings with the holiday shall be notified to Nyati Beach Lodge or Nyati's representative on site, in South Africa or in Mozambique without delay or within a reasonable time of the confirmation of a shortcoming, in order to allow the fault or shortcoming to be remedied without delay. If complaints are made directly to Nyati's representative on site, this should be documented where the faults or shortcomings cannot be remedied on the spot, and if you later wish to make a claim. Failure to comply with complaint procedures will generally result in the loss of subsequent compensation rights.