LEGASSI GARDENS TERMS AND CONDITIONS FOR TOUR PACKAGES

To be agreed in full by the Customer:

Please carefully review these Terms and Conditions for Tour Packages, as well as the terms of any applicable

Addenda, before making your reservation. By making a reservation with us, you are deemed to have read,

understood and accepted these Terms and Conditions, and the terms of any applicable Addenda.  

1  

Reservation, Deposit and Full Payment

To make a reservation, you need to place a non-refundable deposit with us of $100 for yourself and each person

accompanying you on the Package Tour. This deposit will form part of your final payment and is non-refundable

except under clause 5 below. To confirm your reservation, you must also submit to us, or to your travel advisor,

accurate and complete personal details for all persons in your travel group, within 3 days of the deposit payment,

failing which we reserve the right to treat your reservation as withdrawn and to refund the deposit to you.

Unless otherwise agreed or notified by us, following confirmation of your Package Tour, you must make full

payment for your Package Tour at least 14 days before the designated departure date. If you fail to make full

payment by the stipulated deadline, we shall be entitled to treat your reservation as cancelled and to impose a

cancellation fee, in accordance with clause 4 below, and to apply the deposit toward settlement of the

cancellation fee, with any balance owing to be payable within 7 days, without any recourse by you against us.

The published price of the Tour and any products or services offered is subject to change at any time, before or

after booking confirmation, up to 30 days before departure.

Where the increase in price is greater than 7% of the original price of the applicable products or services you

may choose to either:​

(a) cancel the applicable booking without incurring any penalty; or​

(b) accept the change of price.

You must notify us of your choice within 14 days of receipt of notice of the increase or you will be deemed to

have accepted the price change and will be liable for payment of the increase.

2

When booking your flight with the third party airline:

(a) you guarantee that you have the authority to accept and do accept for yourself and on behalf of your party the

terms of these booking conditions; and any terms and conditions imposed by the third party supplier

(b) if you make a booking on behalf of someone, you warrant that you have the authority to accept and do accept

on behalf of that person to be bound by these terms and conditions and the relevant Third Party Suppliers’ terms

and conditions.

3

Cancellation by Customer

You may cancel your reservation, in writing, at any time before the designated departure date, subject to

payment of a cancellation fee to us.  

Please note that any change of departure date, customer’s name (other than correction of typographical errors)

or Package Tour is considered a cancellation and a cancellation fee will apply.

4

Package Tours Cancellation fee.

Should you decide to cancel your booking, you agree to pay the cancellation fee for the package tour, in addition

to forfeiting the non-refundable deposit, as follows:

Less than 14 days before arrival: 50% of Package Tour fee  

28-14 days before arrival 30%

More than 28 days before arrival 10%

You may still be responsible for all cancellation fees imposed by the relevant third party service providers and we

also reserve the right to impose an administrative fee (to be determined in our reasonable discretion) for

processing the cancellation.

5  

Cancellation by Company

Your contract with your Third Party Suppliers may allow suppliers to cancel or amend bookings. We will ensure

that you are promptly notified of any significant changes, but accept no liability for damage or loss, including

consequential, incurred as a result of such cancellations.  

If we make a significant change to your booking, we will inform you as soon as reasonably possible if there is

time before your departure. These may include (but are not limited to) the following changes: a change of

accommodation to that of a lower category, a change of departure airport, a change of supplier, a change in time

of your departure or return flight by more than 12 hours. You will have the choice of either accepting the change

of arrangements, or cancelling your booked arrangements and receiving a full refund of any amounts received

from you. The amount of the refund will not reflect fluctuations in currency exchange rates and be the amount

received by us in the local currency of Ghana.  

6  

Amendments by Customer

All your rights and entitlements in relation to any Package Tour booked with us are personal to you and may not

be assigned without our express written consent. Any change to the identity of a customer or to the designated

departure date shall be deemed a cancellation of the reservation and a cancellation fee, as set out above, will

apply. Subject to that, you may submit a written request for an amendment to the details of a reservation, such as

rectification of typographical errors in a customer’s name, changes to flight itinerary and accommodation, at any

time. We will endeavour to accommodate or facilitate your request but give no warranty that such amendments

can be implemented.

7  

Refund Policy on Unused Portion of Package Tour

No refund, either in full or in part, will be made with respect to all arrangements for accommodation, meals,

sightseeing tours or other services which are included in the Package Tour fare but not utilised by the customer,

or where the customer amends, cancels or otherwise varies such arrangement after commencement of the

Package Tour.

If, after a Package Tour has departed, any service(s) in the itinerary cannot be fulfilled or any change(s) to the

itinerary are necessitated for any reason(s) beyond our control, including but not limited to peak seasons or upon

the occurrence of a force majeure event, such as an act of God, earthquake, fire, tsunami or other natural

disasters, weather conditions, war, civil unrest or terrorist attacks, government or legislative actions, strikes and

labour unrest, diseases or pandemics, compulsory quarantines, or other similar event(s) (“Force Majeure

Event”), we reserve the right to make reasonable changes to the itinerary, but shall endeavour where possible to

arrange for the provision of a comparable alternative service. Any additional expense resulting from such

changes shall be payable by you. Should you reject our offer of an alternative service, we shall not be obliged to

refund any fee paid by you in respect of the unfulfilled service(s), but may do so, on a case-by-case basis.

8

Refund Payment Mode

For payments made in cash or by bank transfer we will endeavour to make a refund by bank transfer within 4 to

6 weeks. The refund process may take longer during peak seasons, due to the increase in transaction volume.

We accept no liability for any loss or damage, including consequential loss or damage, caused by our delay in

making refunds, and will not agree to any requests for penalty or interest payments on overdue refunds.

9  

Extensions of Stay or Deviations  

Any request for an extension of stay or deviation from the Package Tour itinerary must be in writing and may be

permitted, subject to availability. We will endeavour to accommodate your request but cannot assure you that it

can or will be effected. If, for any reason, we are unable to confirm your request at least 2 weeks before the

designated departure date, the request shall be deemed withdrawn and you shall be deemed to have consented

to the original itinerary.

Any extension or deviation will be at your own expense and separate transfers to and from the airport will not be

provided. All extra costs (including a reasonable administrative fee, to be determined at our discretion) incurred

to process the request for an extension or deviation will also be borne by you.

10  

Travel Documents and Travel Insurance

Passport and Other Travel Documents

Subject to this clause, each customer is solely responsible for ensuring that his or her passport or other travel

document is valid for at least 6 months from the expected date of departure from the last point of departure in the

itinerary and that he or she has all necessary visas, permits, passes, licences, vaccinations, health certificates

and/or other documents or approvals as may be required by the applicable governmental authorities of Ghana

and of any other destination countries.

If a reservation has to be cancelled because the customer is unable to obtain a visa or other travel document

required, the relevant cancellation fee above will apply. We shall not be responsible, under any circumstances,

for any loss or damage or expense, including consequential, or to reimburse or refund any part of the Package

Tour fare, should any customer be deported or refused entry by the immigration authorities of any country, for

any reason, including irregular travel documents, quarantine restrictions, customs regulations, import/export

restrictions, executive or administrative orders, possession of unlawful items or other criminal activities.

Each customer is also solely responsible for ensuring that his or her name as provided to the Company and

corresponds exactly with that in his or her passport or travel document. If any amendment to such name is

required, all applicable fees and charges shall be borne by the customer.

Visa Applications

We may, from time to time, on payment of the deposit assist a customer with their visa application but do not

guarantee the outcome or approval of any such application and any customer seeking such assistance must

confirm the applicable visa requirements with the relevant government department.  

Travel Insurance

All customers agree to obtain a comprehensive travel insurance policy covering all applicable dates of travel to

protect against unforeseen circumstances, such as baggage loss, flight delays, travel agent insolvency and

medical emergencies for the full period of the tour and any extension. We do not accept any liability under any

circumstances, for such matters.

11  

General Matters Relating to Package Tours

Accommodation

Accommodation at Legassi Gardens is as specified in the Package Tour brochure/itinerary/booking form.

Accommodation is generally available on either a twin, double-share or quadruple-share basis. For part of the

tour accommodation may be provided on a farm where the sharing of bathroom facilities may be necessary.

Single room occupancy is provided only at additional cost.

Payment of the deposit and confirmation of the reservation does not constitute confirmation of the Package Tour.

All Package Tours are subject to a minimum group size (to be determined by us, in our absolute discretion)

before the Package Tour is confirmed. If the minimum group size is not achieved at least 14 days before the

scheduled departure date for a Package Tour, we shall be entitled to cancel all reservations for the Package Tour

and refund all payments made.  

We will notify you as soon as possible once your Package Tour has been confirmed.  

The Itinerary of excursions and activities for the Tour Package may be changed at our discretion before or during

the tour.

Customers on the Package Tour are also subject to our ‘Terms and Conditions for Holiday Rentals’ found at

www.legassigardens.com

12

Travelling With Minors

Customers under 18 years of age (as at the scheduled departure date) must be accompanied by an adult. If any

person under 18 years old is travelling with an adult other than his or her parent or official guardian, his or her

parent or official guardian is required to fill up an “Unaccompanied Minor and Handling Assistance Waiver” form.

It is also the customer’s sole responsibility to ensure that the requirements of any relevant airline and/or

regulatory authority relating to minors are complied with.

13

Pregnancy

It is the responsibility of customers who are pregnant to ensure that they have a doctor’s certification that they

are fit for travel. Notwithstanding any such doctor’s certificate, third party providers, such as airlines or cruise

companies, have the sole discretion to disallow a pregnant customer to board the relevant flight or cruise or to

undertake certain activities and no refund shall be payable in such event.  

14

Special Requests

It is the Customer’s sole responsibility to inform the Company of any special request that a customer may have,

such as special dietary requirements, special seating arrangements, requests for adjoining rooms, etc. at the

time of reservation. All requests are subject to availability and confirmation, and we will not be responsible if any

such request is not or cannot be met for any reason.

15

Customers with Special Needs

We will use reasonable endeavours, but shall not be obliged, to accommodate the special needs of disabled

customers and shall not be responsible if we are unable to effect any requested arrangements.  

We shall also not be responsible for any denial of services by air carriers, hotels, restaurants or other third party

service providers. We cannot provide individual assistance to any customer for walking, dining, getting on or off

motor coaches, and other vehicles, or other personal needs. A qualified and physically able-bodied companion

must accompany customers who need such assistance and must assume full responsibility for their well-being.

We are not responsible for any missed activities due to a customer’s inability to participate in such activities.  

16

Professional Ethics

As part of our corporate responsibility towards our customers, we strive to adopt fair and ethical business

practices, as well as accurate marketing communications at all times but give no warranty as to the accuracy of

these marketing communications and accept no liability for any loss or damage whatsoever including

consequential loss or damage that may arise from any inaccuracies.

17

Pricing Policies Validity

You agree to confirm the accuracy of all information and any prices shown in promotional communications.

18

Package Tour Fare Inclusions

The Package Tour fare includes accommodation, Breakfast, entrance to sites and activities specified in the

promotion

19

Package Tour Fare Exclusions:

The Package Tour fare does not include flights, airport taxes, airport security taxes, airline insurance surcharges,

fuel taxes, visa fees, travel insurance, customs user fees and service fees as specified by the airlines and airport

authorities, laundry services, excess baggage charges, beverages, room service, gratuities to drivers and tour

leaders or local guides and tips to hotel porters, and/or any personal expenses. Please check with us, or your

travel advisor, for general information regarding visa fees, gratuities to drivers and tour leaders or local guides,

as well as local tipping practices.

20

Child Fare

Children below the age of 12 (as of the date of return) may be eligible for child fare rates in accordance with the

applicable third party service provider’s standard terms. Should an extra bed for a child be required, please

arrange with us and we will advise on the applicable surcharge, if any.  

21

Promotional Pricing

We may, from time to time, accord discounts and other forms of promotion for our Package Tours. Our policy is to

display and confirm all applicable discounts or promotions in our marketing communications and invoices.

22

Mode of Payment

Payments to us may be made by cash or bank transfer and details for payment will be provided upon

reservation. Payments for optional activities may be made by cash.

23  

Receipts

We will issue a receipt for your Bed & Breakfast accommodation during the Package Tour, and for additional

meals or items purchased at our premises. We will not issue receipts for gratuities paid by you. You agree that

you are responsible for obtaining receipts for all other purchases made by you during the Package Tour.

 

24  

Feedback Mechanisms

We welcome direct feedback from our customers so that we can address their concerns promptly and amicably.

Should you have a complaint on the Package Tour, you agree to inform our representative during the course of

the Package Tour and if the matter cannot be resolved after our representative’s best endeavours during the

Package Tour, you agree to make your complaint in writing to the Company at legassigardens@hotomail.com

without use of any form of social media platforms, including but not limited to those via internet and WhatsApp.

Please note that the company will deal with all complaints without prejudice and without admission of any liability

whatsoever.

25

Confidentiality and Privacy  

We will comply with all relevant obligations under current personal data legislation.

We may take photographs and videos of customers participating in our Package Tours for our advertising and

publicity materials (e.g. brochures) or related media programmes and by joining our Package Tours, all

customers shall be deemed to have consented to such collection and/or use on our part. Notwithstanding, any

customer who wishes to withdraw his or her consent to our collection or use of any photographs or videos that

may feature may notify us at legassigardens@hotmail.com whereupon we will endeavour, as soon as reasonably

practicable, to remove any reference to such customer from our advertising and publicity materials and/or related

media programmes; provided always that we shall not be liable to recall or change any such materials or media

programmes which have been produced, publicly distributed or disseminated by us prior to receiving such notice.

The Customer warrants that all customers, for whom the reservation is made, have been made aware of this

clause and have duly consented to the taking and use of their photograph and the filming/recording of the

Package Tour for such promotional purpose as may be determined at our discretion from time to time.  

We and the Third Party Suppliers may disclose your personal information to others where directly connected with

facilitating your travel arrangements and bookings and the provision of travel services and products. For

example, we may disclose your personal information to airlines, hotels, car rental companies and other service

providers in facilitating your travel arrangements.


26  

Third Party Providers  

We rely on the services of third party service providers for our Package Tours. These Terms and Conditions and

all arrangements or bookings relating to the Package Tour are additionally subject, in every respect, to any terms

and conditions that may be imposed by these third party service providers. Whilst we will endeavour to render

reasonable assistance to our Customers wherever possible, we have no control over these third party service

providers and shall accept no liability whatsoever for any loss or damage, including consequential loss or

damage, for any changes, acts or omissions by such third party service providers in connection with any

Package Tour.  

27

Rights, Disclaimers and Indemnity  

Relating to Tours

Without limiting any other provision of these Terms and Conditions, to the fullest extent permitted by law, we shall

not be responsible or assume any liability to any Customer or customer for:

(a)  

any injury, damage, loss, including consequential damage or loss, or delay affecting any person or property

(b)  

any loss, damage, cost, expense or delay suffered or incurred due to circumstances beyond our reasonable

control, including but not limited to:

(i)  

actions or omissions of third parties (including any applicable third party service providers);

(ii)

mechanical breakdowns;

(iii)  

a Force Majeure Event;

(iv)  

a failure by the Customer to comply with any of his or her obligations hereunder;

(v)  

a failure by the Customer to posess, obtain or maintain any travel documentation required for the Package Tour

e.g. health certificates, visas, valid passports, etc.);

(vi)  

a failure by the Customer to follow reasonable instructions, including but not limited to noting and complying with

specified check-in and check-out and/or meeting places and times.

To the fullest extent permitted by law, our maximum liability to any Customer for any loss, damage, cost and/or

expense shall in no event exceed the amount of the Package Tour fare paid to and received by us in respect of

such Customer.

In no event shall we be liable for any punitive, special, indirect or consequential loss or damage, including loss of

production, profit, revenue or contract or loss of or damage to goodwill or reputation.  

We reserve the right to withdraw any itinerary or any reservation made and/or to decline or refuse any individual

as a member of the Package Tour, if it appears to us, in our absolute discretion, that such individual is likely to

endanger the health or safety, or impair the comfort and enjoyment of the other members of the Package Tour.

You agree to indemnify us, our affiliates and our respective officers, directors and employees, immediately on

demand, against all claims, liabilities, damages, costs and expenses, including legal fees (on a full indemnity

basis), arising out of any breach of these Terms and Conditions by you.

28

Acceptance of risk

You acknowledge that the products and services offered on the Package Tour may involve an amount of risk to

your health and safety. You hereby assume responsibility for all such risk and releases us from all claims and

causes of action arising from any losses, damages, including consequential, or injuries or death resulting from

risks inherent in travel. You acknowledge that the degree and nature of personal risk involved depends on the

products or services booked and the location(s) in which a product or service operates, and that there may be a

significant degree of personal risk involved in participating, particularly participating in physical activities, travel to

remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to

countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries

where Tours take place are often lower than the standards you may reasonably expect in your home country or

region. You agree that we are not responsible for providing information or guidance with respect to local customs,

weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a Tour,

product or service is operated. You acknowledge you have considered the potential risks, dangers and

challenges and your own personal capabilities and needs, and you expressly assume the risks associated with

travel under such conditions.

You must at all times strictly comply with all applicable laws and regulations of all countries and regions. Should

you fail to comply with the above or commit any illegal act when on Tour or, if in our reasonable opinion, your

behavior is causing or is likely to cause danger, distress or material annoyance to others, we may terminate your

travel arrangements on any product or service immediately at your expense and without any liability on our part.

You will not be entitled to any refund for unused or missed services or costs incurred as a result of termination of

your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.

You are responsible for any costs (including repair, replacement and cleaning fees) incurred by us or our

suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to immediately

report any pre-existing damage to staff of the accommodation, transportation service, or facility as soon as

possible upon discovery.

You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to,

the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all

posted signs and oral or written warnings regarding health and safety. Neither we nor our Third Party Suppliers

(as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or

warnings.

29

Miscellaneous

We reserve the right to change, amend, insert or delete any of these Terms and Conditions, or policies contained

therein, from time to time. The latest copy of these Terms and Conditions is maintained and made available on

our website: www.legassigardens.com.

Customers are responsible for periodically checking our website to update themselves on the latest Terms and

Conditions.

30

Arbitration agreement referring future disputes to a single arbitrator  

(1) Any dispute or difference between the parties in connection with this agreement shall be referred to and

determined by a sole arbitrator and the arbitration shall be held in Accra.

(2) The arbitrator shall be appointed by agreement between the parties or in default of agreement by the parties,

be determined by the appointing authority.  

(3) In the event of default by either party in respect of any procedural order made by the arbitrator, the arbitrator

may proceed with the arbitration in the absence of that party and deliver the arbitration award.  

31  

Governing Law and Jurisdiction

Governing Law

The formation, existence, construction, performance, validity and all aspects whatsoever of this Agreement or of

any term of this Agreement will be governed by the law of Ghana.

Customer Acknowledgement

.


Terms and Conditions for Tour Packages