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have read and fully understand and accept
the conditions and general information as
set out by Fish River Safaris. I further
more absolve Fish River Safaris, their staff
and management of any liability whatsoever,
and realize that I undertake the above-mentioned
venture at my own risk. This contract will
be interpreted in respect of the South African
Law.
1)
How to book : The contract arrangements
and deposit
When
you make a booking you must complete a booking
form, accepted on behalf of all our party
the terms of these booking conditions, and
pay a deposit of 50% of the total package
fare. All persons named on the booking form
shall be referred to collectively as the
“ Client “ or “ Clients “. If the booking
is made through a booking agent, all communications
from Fish River Safaris (hereinafter referred
to as the “ Company “) will be addressed
to that agent who acts as agent for the
Client in regard to all communications from
the Company to the Client. No contract shall
exist between the Company and the Client
until the prescribed deposit has been confirmed
by the Company. The deposit will be refunded
should the Company not be able to accommodate
the Client on the requested safari.
2)
Payment
A
50% deposit must be paid no later than 14
days after confirmation has been received
by the Client from the Company. The balance
will be due on arrival at the Company’s
lodgings. Any further expenditure by the
Client whilst on safari, will be settled
prior to departure.
3)
Cancellation by the Client
Cancellation
of a booking must be made in writing, by
the person signing the booking form and
is not effective until such cancellation
is received by the Company. If the cancellation
is received 60 days or more, prior to the
commencement date, 20% of the deposit will
be forfeited. In the event of cancellation
59 days or less, prior to commencement date,
the full deposit will be forfeited. If a
Client fails to arrive, or arrives after
the commencement date, or leaves prior to
the completion date of the safari, no refund
will be made, unless by prior agreement
between the Company and the Client that
only portion of the safari is undertaken.
The Client must state this in writing to
the Company, at the time of booking, and
this written request must accompany the
booking form. If the Client cancels a safari
the deposit is not transferable to any other
person.
4)
Cancellation by the Company
The
company reserves the right in any circumstances
to cancel the safari. In instances where
the Company cannot provide the safari booked
the Company will return to the Client all
monies paid, which shall constitute the
full extent of the Company’s liability to
the Client, of the Company may offer the
Client an alternative safari of comparable
standard.
5)
Alterations to Itineraries
Although
every effort is made to adhere to itineraries,
the Company reserves the right to occasionally
change accommodation as brought about by
changing conditions. When a major change
becomes necessary notification of such alterations
will be sent to the Clients agent or to
the Client’s last known address as soon
as the Company becomes aware. The Company
will not be responsible for any compensation
to the Client if the Company is forced to
cancel or in any way change the safari due
to force majeure, namely war, riot, civil
strife, industrial dispute, terrorist activity,
natural or nuclear disaster, fire, adverse
weather conditions or other external circumstances
beyond the Company’s control.
6)
Authority on Safari
The
decision of the professional hunter employed
by the Company will be final on all matters
likely to endanger the safety of the group.
The Company shall not be responsible for
or liable to any Client who commits an illegal
or unlawful act in any country visited.
The Client may be excluded from the safari
without refund of the fare. If the Company
considers the Client unsuitable for a safari,
it may in its absolute discretion cancel
such Clients booking or decline to carry
the Client further if that Client causes
inconvenience or annoyance to other patrons.
7) Alterations To Booking Conditions
No
employee or representative of the Company
has any right to alter, vary or waive any
of these Conditions nor to undertake any
liability whatsoever on behalf of the Company,
unless such be in writing and signed by
a Director of the Company.
8)
Health
The
Client acknowledges being aware of the proposed
Safari and hereby confirms that he or she
is medically fit, in good health and is
able to embark on such a safari. Any Client
with a pre-existing medical condition or
illness must declare the true nature of
such condition at time of booking and make
arrangements for the provision of any drugs
or other cause of treatment which may be
required during the safari. Such a Client
would be required to provide a medical statement
from a GP to confirm that they are fit to
travel. Any information will be treated
in the strictest confidence by the Company
and its representatives.
9)
Vaccinations
The
Client must take all necessary inoculations
as are required or generally recommended
in relation to the country to be visited.
For some countries a valid Certificate of
Vaccination against certain diseases may
be required. The Company does not accept
any responsibility whatsoever for any Client
being refused entry to any country due to
incorrect or incomplete health documentation
or vaccinations.
10)
Baggage
All
baggage and personal effects are at all
times at the Clients risk and the Company
cannot accept liability for any loss or
damage to baggage or personal effects.
11)
Travel Documentation
It
is the responsibility of the Client to be
in possession of a valid passport, visas,
vaccination and other medical certificates,
and all other travel documentation. The
Company does not accept any responsibility
for changes in regulations for visas or
any particular requirements for visas. The
Company cannot be held responsible for the
failure of the Client to obtain the necessary
visas. Should the Client be refused entry
to any country due to incomplete or incorrect
documentation the Company is not liable
for any costs of such delays or repatriation
costs for the Client.
12)
Insurance
Travel
insurance is compulsory for all Clients.
Before a Client commences a safari he or
she must arrange his or her insurance with
a reputable insurer, with protection for
the full duration of the safari to cover
personal injury, medical expense, repatriation
expense, loss of luggage and the expenses
associated with cancellation or curtailment
of a safari. If a Client becomes ill, all
hospital expenses, doctor’s fees and repatriation
costs are the Client’s responsibility and
the Company shall not be liable for any
refund of the safari cost.
13)
Liability
Client’s
bookings are accepted on the understanding
that the client appreciates the risks inherent
in safari conditions and that the Client
undertakes the safari and any other excursion
offered by the Company at the Client’s own
risk. The Client agrees that this Company
and its members shall not be responsible
for loss or damage to property or injury
or illness to the Client, loss of life or
consequential damages that might occur from
any cause as long as the Company does not
act recklessly. The Client and his or her
dependants, heirs, executors, administrators
and assigns hereby indemnify and hold blameless
this Company, its members, associates, employees,
representatives, organizers, helpers and
agents from liability for any claims whatsoever
and howsoever arising and without limitations
from claim (including any consequential
claim) arising from any delay, loss or damage
to property or injury or illness or death
arising from any cause whatsoever related
to or occurring during the safari as long
as the Company does not act recklessly.
14)
Information
Information
given in all brochures, leaflets and advertising
is given in good faith by the Company, and
these are based on the latest information
available at the date of publication. The
Company reserves the right to change any
of the facilities described in the advertising
without becoming liable for compensation
or refund. While every endeavor is made
to keep the prices advertised, the Company
reserves the right to increase the safari
fares at any time due to any unforeseen
increases or exchange rate fluctuations
to which it may be subjected.
15)
Photographic Material
Clients
should be aware that the Professional hunters
and representatives of the Company might
take photographs or films of the Clients
while on any safari and the Company reserves
the right to use such material for any advertising
or brochure production without obtaining
consent and without payment to the Client.
16)
Jurisdiction and Law
This
Contract should be interpreted according
to the laws of the Republic of South Africa
17)
Severability
If
any part or provision of this Contract is
held to be illegal or unenforceable, it
shall not affect the validity of enforceability
of the remainder of the Contract. Furthermore,
if any covenants are held illegal or unenforceable
by virtue of its scale extent or duration
it shall remain valid and enforceable in
such reduced scale, extent or duration as
any court may decide as being the maximum
scale, extent or duration permissible.
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