ULINDA SAFARI TRAILS
TERMS AND CONDITIONS OF BUSINESS
IMPORTANT: THESE TERMS OF BUSINESS WILL GOVERN THE LEGAL RELATIONSHIP WITH ULINDA SAFARI TRAILS AND SHOULD BE READ CAREFULLY BY THE CLIENT.
INTRODUCTION
1. 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.
2. 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.
3. 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
4. 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;
5. 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;
(b) accommodation.
(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 UTS
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 UTS.
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
6. 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.]
7. 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.]
8. 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
9. 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]
10. 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.
11. 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.
FORCE MAJEURE
12. 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.
13. The onus is on the client to ensure that he/she is
in possession of adequate travel insurance.
LIMITATION OF UST etc. LIABILITY
14. 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.
15. 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.
16. 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.
OTHER PROVISIONS
17. 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.
18. Terms of business are only capable of being varied by written
agreement between UST and the client.
19. 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 .
20. 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.
Jane Bettenay, P.O Box 156, Maun, Botswana.
E Mail : ulinda@dynabyte.bw
Telephone: + 267 6800244
Mobile: + 267 71309435
Fax: + 267 6801053
Satellite Telephone: 881631547465
