IMPORTANT: THESE TERMS OF BUSINESS WILL GOVERN THE LEGAL RELATIONSHIP WITH ULINDA SAFARI TRAILS AND SHOULD BE READ CAREFULLY BY THE CLIENT.
These are the terms of business on which Ulinda Safari Trails (UST) will provide services to any person who undertakes a safari with UST (“client”). These terms apply both to safari’s booked direct by clients and to safaris arranged by agents on behalf of clients (“agents”). The booking of a safari constitutes the client’s acceptance of these terms as the sole contractual terms that apply as between UST and each person on whose behalf a safari is booked.
In the case of services booked through an agent, it is the agent’s responsibility to the client to ensure that the client is made aware of these terms, since their client will be bound by them, and that the client complies with them insofar as they impose obligations on the client; these terms constitute a collateral contract between the agent and UST to that effect. UST does not employ agents to solicit business from clients on its own behalf. Intermediaries through whom safaris/services are booked for clients are agents of the client.
SCOPE OF UST SERVICES
The services which UST will provide or procure for the duration of the agreed safari period, subject to the booking confirmation and to these terms, are:
(a) the personal services and attention throughout the safari of a professional safari guide who is familiar with the safari location and is knowledgeable about all aspects of wildlife, flora and fauna.
(b) suitable transportation for the client from the agreed safari start point, during the safari, and to the safari end point;
(c) on UST’s own mobile bush camps: suitable meals, tenting, bedding, washing, showering and toilet facilities appropriate for a mobile bush camp;
(d) unless otherwise requested by or on behalf of the client, the arranging of available lodge, camp or hotel accommodation during the safari in the case of non mobile bush safari;
UST’s FEE COVERS:
(a) the services of a professional guide and any other UST personnel who (at UST’s sole discretion) accompany the safari;
(c) meals, non-alcoholic drinks and reasonable alcoholic drinks, to a maximum of 6 units per adult client per day;
(d) all internal air charters from the start to end point locations and between locations during the safari and all ground transportation on the booked safari route, all as shown on final itinerary.
[Note that extra charges are payable for Air Botswana flights booked by UST on behalf of the client.]
(e) park fees, camping fees and other similar fixed fees;
(f) any taxes levied from within any country in which the safari is to take place at the rate in force at the time when the booking is confirmed by UST.
If the client requests, and UST agrees, to amend the safari booked to other than that shown on the booking confirmation form, UST’s fee is subject to adjustment.
PAYMENT TO UST
In these terms “payment” means receipt by UST in US$’s or Pounds Sterling of funds for the amount due for the value without bank recourse to UST. All funds are remitted at the client’s risk. [Note: clients/agents are advised to assume that at least 7 bank business days should be allowed for receipt of funds by telegraphic bank transfer, and at least 14 bank business days for receipt of funds by all other methods of payment.] A deposit equal to 30% of the total fee is payable to UST on placement of the safari booking. The deposit will be refunded in full if UST does not confirm the booking. The deposit is not refundable by UST after it confirms the booking in any circumstances other than as provided in clause 10. [Note: Agents are cautioned not to confirm safari bookings to clients until receipt of the deposit has been confirmed to them by UST, to advise clients that the deposits are non-refundable and that cancellation charges apply.]
Payment of the balance of the fee for the safari (including any adjustment fee resulting from any agreed changes in the safari arrangements) is to be made in full at least 60 days prior to the safari start date, or within 14 days of UST’s booking confirmation if that is issued by UST less than 60 days prior to the safari start date. Notwithstanding the full payment must be received in full prior to the commencement of the safari, unless written agreement by UST states otherwise.
Cancellation by the client: If for any reason the client cancels a booking after it has been confirmed by UST the following cancellation charges are payable by the client;
– More than 120 days before the safari start date – 30% of full fee
– 120 to 90 days before the safari start date – 50% of full fee
– 61 to 89 days before the safari start date – 75% of full fee
– 60 days or less before the safari start date – 100% of full fee
Any cancellation charges levied on UST by third parties (e.g. air charters or accommodation providers) as a result of the client cancelling, will be payable by the client in addition to the foregoing. [Note: Having regard to these provisions the client is advised to purchase medical and cancellation insurance]
Cancellation by UST: If UST cancels a booking after confirming it but before the safari commencement date by reason of the illness or incapacity of any key UST personnel, the client will be entitled to a full refund of all payments made to UST. The client shall have no further claim against UST arising from such cancellation by UST. Timely payment of all fees by the client in accordance with these terms of business is a fundamental obligation of the client. UST is entitled to cancel any safari, even after confirming the booking, if any payment has not been made by the due date. Such cancellation does not release the client from payment obligations to UST and is without prejudice to any other remedy available to UST at law.
UST shall not be obliged to perform any obligation under the contract if such performance is rendered impossible, substantially more difficult or delayed as a result of Acts, Orders or Regulations issued by Central or Local Government, industrial disputes (whether official or unofficial), war, riots, hostilities, flood, fire, accident, Act of God, epidemic, failure or shortage of supplies or from any other cause, event or occurrence which UST is either unable to prevent having due regard to its interests. UST shall not be liable for any loss, damage, cost or delay arising from or as a result of such non-performance. The onus is on the client to ensure that he/she is in possession of adequate travel insurance.
LIMITATION OF UST etc. LIABILITY
UST is a small private company that offers the best of personalised, private safaris in Botswana . This necessarily involves travelling in some of the more inaccessible, wild parts of Africa , often living in tented accommodation in the bush and without access to facilities and amenities which the client takes for granted at home. Weather conditions, especially during the wet season, will also affect travel and game viewing. Moreover, whilst it is not possible to predict what animals, birds or plants will be seen, clients on UST safaris expect to come into close proximity to wild animals, which are unpredictable and which have the capability to kill or injure. UST is experienced in ensuring that to the extent possible such access is safe and enjoyable.Medical facilities are limited. UST personnel have first aid experience and equipment but are not medically qualified. In emergencies, access to qualified doctors and local hospitals will be arranged with the greatest expedition available. All UST clients are covered for emergency medical evacuation to the nearest clinic or hospital from where their own medical insurance takes over. These are the realities of a safari in Africa. In practice, serious problems are rare. Nevertheless, having regard to the foregoing, the client accepts that:
(i) he/she is solely responsible for his/her own safety and well-being;
(ii) UST is not legally liable for the personal health, safety or well-being of clients, nor for any costs, expense or loss (direct or indirect) incurred or suffered by the client;
(a) as a result of any lack or inadequacy of, or delay in, any service which is not directly provided by UST pursuant to these terms of business, or the breakdown of any vehicle or other transport; [Note that all air transportation and lodge/fixed camp/hotel accommodation services are provided by independent contractors and are therefore not services provided directly by UST. Charter flight times arranged by UST are not guaranteed by UST.]
(b) in consequence of any illness or injury to, or the death of, any client, howsoever arising;
(c) as a result of any loss of, or damage to, any property of (or in the possession of) any client;
(iii) the client shall have no right of action against any employee, director or proprietor of UST (“UST personnel”) under any circumstances;
(iv) the client shall indemnify UST from and against any claim brought against it by any agent, including liability, costs and expense incurred by UST;
(v) the client will make no claim against UST or UST personnel other than in contract pursuant and subject to these terms of business.
Clients are responsible to ensure that they travel only if they are in good health and bring adequate supplies of all regularly required and/or special medication. Clients are responsible for ensuring that they are professionally advised about their needs for medication or vaccinations to be taken in relation to their safari.
In the case of a joint booking by more than one client travelling in a single party, each adult client is jointly and severally responsible to UST for all fees and charges payable by that party. Terms of business are only capable of being varied by written agreement between UST and the client. The legal relationship between UST, the client and any agent, including these terms of business, is governed by and to be interpreted in accordance with, the laws of Botswana . The courts of Botswana shall have exclusive jurisdiction over any claim brought against UST or UST personnel arising howsoever out of or in connection with these terms of business or the provision of services by UST or UST personnel.