TSM Coop Limited - BOOKING TERMS AND CONDITIONS
1. : The terms and conditions set forth in this agreement constitute the entire understanding and agreement between you “the Participant” and TSM Coop Limited “the Tour Operator” with respect to any and all bookings, tours or transactions made with TSM Coop Limited. By submitting a booking form and signing this agreement, you accept all of the terms in this agreement and direct us to perform services on your behalf.
2. Your Behavior: All Participant staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other Participant. If in our opinion or in the opinion of any accommodation manager or any other person in authority, your behavior or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other Participant or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation manager or other supplier prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other Participant or individuals who have no connection with your booking arrangements or with us.
3. Responsibility of Party Leader: The Party Leader accepts responsibility for the good conduct of all participants during the tour and warrants that the correct ratio of responsible adults will be on active duty at all times to ensure that all participants behave well. Furthermore, it is the Party Leader’s responsibility specifically to ensure that:
3.1. No participant under 18 years of age consumes alcoholic drinks unless written permission from a parent or guardian can be produced. All local laws relating to the consumption of alcohol must at all times obeyed by participants
3.2. No participant consumes alcohol to excess
3.3. Participants comply with local laws
3.4. No participant uses illegal substances
3.5. No participant smokes in a public area or in any other way causes a fire hazard
3.6. All party members wear the seat belts provided for all journeys by coach. (Not always applicable to coaches sourced overseas).
3.7. Participants act in a responsible way and do not behave in a way likely to cause damage to property or offence to other people
4. : You may reserve space on a tour by email request. A booking is not final until you receive a final confirmation from us.
5. : A deposit of 25% per person is required at the time of booking. Final payment is due 45 days prior to departure. If your booking is made within 45 days of departure, the entire tour cost must be paid when we confirm the trip with you. Payments may be made by credit card (you have to complete an authorization form, send us a copy of your credit card and a copy of your passport), wire transfer or paypal. If you pay your deposit by wire, we cannot confirm your reservation until your payment has cleared the bank. For credit card payments we accept Visa or Master Card.
6. : To cancel your booking, you must submit your request to us in writing by email at [email protected] Cancellation fees will be applied per person according to the following schedule, based on the date we receive your written notification:
Up to 30 days prior to departure
0% of tour costs
Within 45 days prior
50% of tour costs
Within 60 days prior
100% of tour costs
No refunds will be provided for any unused portion of a tour once the tour begins, including if you leave a tour for any reason or have to be removed from a tour. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we strongly encourage you to purchase trip cancellation and interruption insurance.
7. : If you change your tour dates or alter your itinerary after we confirm your tour, a change fee will be imposed. The type and scope of change dictates the amount of the change fee. Our outside suppliers, including hotels, often impose additional fees or penalties for changes and cancellations. These are included in the change fee and can be substantial.
8. If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your tour and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your tour not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
9. : We reserve the right to cancel, alter or modify any tour without prior notice for the safety and/or comfort of clients. You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, 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.
Any changes may require a supplemental payment from you or result in a refund less any cancellation fees and nonrefundable deposits. If we cancel, which is rare, a check for a full refund will be issued to you less any airline ticket cancellation fees and nonrefundable deposits advanced to local suppliers. This refund will constitute full settlement of claims you may have arising out of our cancellation. No refunds under this paragraph will be provided due to cancellations or changes due to Force Majeure.
10. The quoted tour price is based on tariffs, fees, airfares, and costs in effect at the time you sign this agreement. We reserve the right to increase the quoted price after booking if inflation, costs of fuel, labor or materials, airfares, supplier costs, currency exchange rates, tariffs, government fees, and admission charges change. You agree to and will pay for any price increase.
11. : You will not be reimbursed for any personal expenses such as airfare, hotel or other travel expenses due to changes in itineraries or tour cancellations.
12. : TSM Coop Limited acts only as an intermediary for the various independent suppliers that provide lodging, meals, transportation, sightseeing, activities or other goods and services connected with your tour (“Supplier” or “Suppliers”). You acknowledge that you are aware and clearly understand that these Suppliers are independent contractors, are not managed by TSM Coop Limited, and are not agents or employees of TSM Coop Limited. A Supplier’s services are subject to the Supplier’s own terms and conditions and the local laws and regulations of the relevant country. TSM Coop Limited will not provide any refund for a Supplier’s delay, cancellation, overbooking, or strike.
13. Personal Property: Your personal property, including baggage, is your own responsibility at all times, unless any loss or damage is due to our negligence or failure to carry out our responsibility.
14. : TSM Coop Limited 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 the reasonable control of TSM Coop Limited, 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, government intervention, weather conditions, and unforeseen circumstances. If TSM Coop Limited and/or any of its Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour. Regarding civil unrest, once TSM Coop Limited has investigated the prevailing situation, as it deems fit, it shall remain in TSM Coop Limited sole and absolute discretion whether to proceed with the tour.
15. Excursions: On occasions, we are asked to arrange visits, activities and/or excursions which do not form part of our advertised or normally available programme. Unless we expressly agree to do so in writing, we cannot accept any liability for or in relation to such additional visits, activities and/or excursions. This is the case even if payment for these additional services is made directly to us. As such additional services are booked solely at your request, you are assumed to have satisfied yourself that they are appropriate, suitable and safe for your party as we are not in a position to make such an assessment.
16. : The tour price does not include travel insurance. We strongly recommend that you purchase comprehensive travel insurance, covering trip interruption and cancellation, baggage, medical, accident/life, evacuation, repatriation and other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. You agree to assume all costs of medical care and transportation. As such, we require that you purchase travel-related insurance if your current policy does not cover you during your tour. We may require proof of coverage. We take no responsibility for any injuries or loss to you incurred while you are taking part in any included or optional activities in our package. You are responsible for determining your medical fitness to participate in each activity. For international trips, we strongly recommend that you purchase comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability before you travel.
We reserve the right to reject you as a passenger unless you have arranged satisfactory insurance. We accept no responsibility for the theft, loss or damage to personal belongings from at any time during the duration of your tour.
17. It is important that you carefully read all trip-related documents that you receive from us as soon as you receive them. It is your responsibility to contact us if any information is incorrect. We cannot accept any liability if you do not notify us of any inaccuracies within 6 days of your receipt of those documents. This agreement, a waiver of liability and assumption of risk agreement and, if required, a medical statement or certification must be signed and submitted by you. If you fail to submit this and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.
18. : You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for all foreign citizens traveling abroad and should be valid for at least 6 months after your date of return. We suggest you apply for or renew a passport early. Other required documents may include visas, permits, and vaccination certificates. You assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
19. : Our tours are physically active, with varying levels of demands and fitness requirements depending on the specific itinerary. By signing this agreement, you represent that you do not have any physical or other conditions that would create a hazard for you or other Participants or affect other people’s enjoyment of the tour. If you do not return the completed statement to us by the specified deadline, we reserve the right to prohibit you from departing on the tour and to charge a cancellation fee. If you have a physical condition, dietary restrictions, or other conditions that will require special attention during the tour, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition. We reserve the right in our sole discretion to accept, decline, or remove anyone from a tour (at departure or during the tour) who we judge to be incapable of meeting the tour’s physical demands. TSM Coop Limited assumes no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the tour.
20. If you have a complaint during your tour, you must promptly notify TSM Coop Limited or your tour leader (in case you are on a guided tour) of the problem so that they can attempt to remedy the situation. Failure to do so while you are on the tour will extinguish or reduce your ability to claim compensation from TSM Coop Limited. Further, 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.
If you are not satisfied after using this notice procedure, you must submit your complaint in writing to TSM Coop Limited within 7 days of the tour’s end date. TSM Coop Limited will not accept any liability for claims received after this period.
21. : It is your responsibility to be ready to embark on the tour as specified in the itinerary. TSM Coop Limited is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
No refunds will be given for missed or unused services such as hotel rooms, meals, and sightseeing trips or included activities irrespective of the reason why you have missed or not used the services. The quoted price is an inclusive price for the tour, as a package.
23. You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other trip members’ privacy, and follow the suggestions and advice of any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the tour, TSM Coop Limited or the local guide/supplier has the right in its sole discretion to remove anyone a) who it judges to be incapable of meeting the demands and requirements of participating in the tour activities; or b) who it determines to detract from others’ enjoyment of the tour.
24. You agree that TSM Coop Limited may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, 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 our 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 in writing at the start of the tour.
25. : You agree that the sole remedy for any default by TSM Coop Limited arising under this agreement shall be the return of the paid tour cost. To the maximum extent permitted under applicable law, TSM Coop Limited shall not be liable for any special, consequential, indirect, incidental or other damages arising out of or in any way connected to this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if TSM Coop Limited has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
26. : If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
27. : This agreement shall inure to the benefit of and be binding upon TSM Coop Limited and the Participant and their respective heirs, legal personal representatives, successors and assigns.
28. TSM Coop Limited reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions.
29. Any dispute arising out of this agreement, including all tort claims – whether such dispute arises in contract or in tort or otherwise – shall be litigated and determined, if at all, only before a court of competent jurisdiction in Nigeria (and in no other).
30. 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.