STANDARD TERMS AND CONDITIONS OF CONTRACT
Hemingway Safaris t/a Kalahari Skies
Payment and Cancellation Fees:
Ø A 20% deposit is needed to confirm a booking
Ø Full payment is required 30 days prior to departure.
Ø Cancellation Fees: 65+ days, 10 % -- 22-65 days, 50 % -- 21-0 days 80 %
Inclusions: As per itinerary.
Exclusions: As per itinerary.
Terms and Conditions:
· The minimum number of clients per tour is two.
(This can be different for tailor made groups, please refer to the quote)
· The person making the booking or to whom any service is rendered, is deemed to have read and accepted these terms and conditions and to have the authority to do so on behalf of the person in whose name the reservation or booking is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).
· Kalahari Skies reserves the right to substitute the vehicle for reasons beyond our control.
· Kalahari Skies reserves the right to make any changes to the itinerary should local conditions, including political strife, war and weather necessitate this. Any such change will not entitle the client to a refund and any costs arising from such changes (e.g. accommodation) will be for the Client’s account .
· In the event a tour is cancelled by Kalahari Skies, prior to departure, the full price for the tour will be refunded without any further obligation on Kalahari Skies.
· While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account.
· Please note that the flying services and coach transfers are sub-contracted to independent companies. They are responsible for this portion of the itinerary. Kalahari Skies will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Client’s account.
· Prices are quoted at the ruling daily exchange rate. Until Kalahari Skies has received payment of the tour price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. However, once payment of the tour price in full is received, the tour is guaranteed at the quoted and paid price. Unforeseen price fluctuations in fuel, commodities, etc can be claimed up to 10% of the total tour price. Should these unforeseen increases result in an increase of more then 10% of the original calculated price, the Client is entitled to cancelling the trip with full repayment. Should it be a group booking and the group number deviate from the number required for the booking, the Company reserves the right to re-cost the tour price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, Kalahari Skies reserves the right to cancel the tour and retain any payment made.
· Should Kalahari Skies have to curtail or amend a tour due to factors beyond its control once the tour has commenced, no refund or compensation will be given.
· No refunds will be issued for any reason whatsoever, including a client deciding to cut short their trip.
· Travel insurance is compulsory and should be arranged in the country of origin. It should include emergency medical evacuation, hospitalization, and loss of baggage, theft and cancellation. Personal accident and personal liability cover are also recommended. Kalahari Skies will not be responsible or liable if the Client fails to take adequate insurance cover or at all.
· Kalahari Skies shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which Kalahari Skies does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
· All tours are booked and arrangements are made on the express condition that Kalahari Skies, its employees, agents and affiliates shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur from time of departure to time of return or subsequent to date of return. The Client indemnifies and holds harmless Kalahari Skies, its employees and agents accordingly. Kalahari Skies, its employees and agents shall further more not be liable for any consequential or indirect loss or damages whatsoever.
· The client accepts that at all times the authority and decision of the Tour Leader will be final on all matters likely to endanger the safety and well being of the tour.
· The Client agrees that he/she will at all times comply with the Tour Leader’s or others’ requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the tour.
· Clients who have special requests must specify such requests to Kalahari Skies in writing. Whilst Kalahari Skies will use its best endeavours to accommodate such requests, it does not guarantee that this will be possible.
· Should a client in the sole opinion of Kalahari Skies or its duly authorized representative, be considered unsuitable for the tour, due to being in contravention of any customs or laws of the country, or by reason of causing inconvenience or annoyance to other passengers, then Kalahari Skies may decline to carry such clients any further. In such circumstances Kalahari Skies will not be liable for any refunds.
· It is the client’s responsibility to ensure that all the applicable visas and travel documents are in order before arrival in Southern Africa. Should a client be refused entry into any country due to incorrect or incomplete documentation, Kalahari Skies will not be held liable for any costs of such delays or repatriation cost for the client or family. Please note that all visitors to South Africa are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed.
· It is the entirely the Client’s duty to ensure that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.
· MALARIA AND OTHER TROPICAL DISEASES: WARNING
Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. Kalahari Skies strongly recommends that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination.
· Client’s bookings are accepted on the undertaking by the client, that certain risks exist, which is inherently part of adventure travel in Africa. Clients undertake all tours and associated expeditions entirely at their own risk.
· Certain of the services to be provided on the tour arranged for the Client by Kalahari Skies is provide by third parties such as hotels, airlines & tour guides. Kalahari Skies represents such principals as agents only and accordingly accepts no liability for any loss, damage, injury or death which any Client may suffer as a result of any alteration act or omission on the part of or the failure of such principals to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by third parties (which is often constituted by the ticket issued by it), shall constitute the sole contract between the third party and the Client and any right of recourse the Client may have, will be solely against such third party.
· Kalahari Skies undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
· Documents (vouchers, itineraries etc) are only released on receipt of payment of tour price in full and if tour price isn’t paid in full on date of trip departure, Kalahari Skies has the right not to depart on this trip until full payment is received. Lost days resulting from this will be for the Client’s account.
· Botswana law and the jurisdiction of Botswana courts will govern the relationship between the Client and Kalahari Skies. Kalahari Skies shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of the Magistrates Court Act as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
· The Client will be liable for all legal fees on an attorney and own client scale in the event that Kalahari Skies has to engage a lawyer to enforce any of its rights or otherwise.
· These terms and conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of Kalahari Skies or otherwise that is not included herein.
· No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of Kalahari Skies.