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1) Shifting Sands Services T/A Bush Ways Safaris and its associated companies is hereinafter referred to as the COMPANY and the passenger is referred to as the PASSENGER. 2.1) Acceptance by the COMPANY of the deposit, which is 20% of the trail fee, shall not constitute acceptance by the COMPANY of the booking. 2.2) The PASSENGER having placed a booking shall not be entitled to withdraw or cancel the same with out the COMPANY"S written consent. 2.3) Acceptance by the COMPANY of the booking shall be evidenced by forwarding to the PASSENGER or agent of an invoice, indicating an amount due by the PASSENGER to the COMPANY. The invoice will serve as a contract. 3) Trail prices include only what is indicated for each tour and does not include the costs of visas, vaccinations, insurance, or such items indicated for each trail. 4) The PASSENGER acknowledges that the tour price and itinerary disclosed at the time of booking was effected, alternatively at the time the contract was concluded, may be varied (not more that 15%) by the COMPANY from time to time, without notice to the PASSENGER, and at the discretion of the COMPANY, provided the itinerary is not substantially different from the itinerary that the PASSENGER anticipated enjoying. The PASSENGER shall not be entitled to cancel the contract. 5) The PASSENGER acknowledges that it is his responsibility to ensure they are in possession of all the necessary travel documents. As well as all health and other certificates that may be required. 6.1) The PASSENGER acknowledges that there are dangers and risks inherent in the trails which they will be undertaking and the PASSENGER agrees to assume all the risks connected with or arising out of all aspects of the trail. 6.2) The PASSENGER waives any rights of any nature whatsoever which they or their assigns or successors in title, dependents or heirs may have against the COMPANY. In respect of their injury or loss or damage which they may sustain connected with or arising out of the tour not withstanding that it may have been occasioned by any negligent act or omission on the part of any of the designated persons. 7) These conditions constitute the entire terms of the relationship between the parties. There exist no other terms and conditions regulating their relationship. 8.1) The PASSENGER agrees and undertakes that they will at all times comply with the COMPANY'S requirements in regard to their conduct, and they will not in any way constitute a nuisance to any other person on the tour 8.2) If a PASSENGER constitutes a nuisance to the COMPANY or any other passenger, the COMPANY shall be entitled to terminate the COMPANY'S booking and refuse to permit the PASSENGER to continue with the itinerary and trail. In these circumstances the PASSENGER at their cost and responsibility, shall be obliged to make their own way back from the trail. In these circumstances the COMPANY shall not be liable to make any refund to the PASSENGER. The PASSENGER will have no claim of any nature whatsoever against the COMPANY. 8.3) The PASSENGER warrants that they have the authority to conclude this booking and the contract between the COMPANY and the PASSENGER. 9.1) The full amount due shall be payable to the COMPANY not less than three weeks prior to the departure date. 9.2) If the trail is canceled the cancellation rules will apply and the deposit will be forfeited. 9.3) Whilst the COMPANY uses its best endeavors to ensure that all anticipated accommodation is available as planed, there shall be no claim of any nature whatsoever against the COMPANY for a refund, or any other form of compensation. 10) This contract between the COMPANY and the PASSENGER shall be deemed to be concluded in Pietermaritzburg, Kwazulu Natal, South Africa and shall be interpreted according to the laws of South Africa. 11) The PASSENGER acknowledges that the COMPANY will appoint a tour leader who shall be in charge of the tour and all matters relating thereto, and the PASSENGER agrees and undertakes to comply with the tour leaders lawful requirements. 12) The COMPANY holds the right to use any photographs or film produced during any of the trails for general publicity without payment or permission. 13.1) The PASSENGER acknowledges being aware that the proposed itinerary and trail requires a measure of physical fitness and endurance, and it is the PASSENGERS obligation to ensure that they are medically fit and able to embark upon the trail. 13.2) All prices and services described here in are subject to change or withdrawal with out notice. 13.3) Travel insurance is compulsory for all passengers booking with the COMPANY. |
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