TUSK BUSH LODGE PTY LTD TERMS & CONDITIONS
TUSK BUSH LODGE PTY LTD
TERMS & CONDITIONS 2018-2019
1. Your contract
By booking with TUSK BUSH LODGE PTY LTD ( TBL ) you are
deemed to have agreed to these Booking Conditions (which
constitutes the entire agreement between you and TBL and
your booking will be accepted by TBL on this basis. The
services to be provided are those referred to in your booking
confirmation invoice.
2. Deposit requirement
You are required to pay a deposit, per person for your booking to be confirmed. Deposit value varies and is specified on your booking invoice.
3. Acceptance of booking and payment instalments
If TBL & PS accepts your booking, and once your deposit has
been received, TBL & PS will issue a booking confirmation
invoice. A contract will then exist between TBL & PS from the
date of the booking confirmation invoice. Following the initial
non-refundable deposit, the second payment of 50% of safari price
is due 180 days before the departure date, and is non-refundable
and non-transferable to other TBL & PS offerings. The third
payment (the balance) is due 90 days before the departure date, and
is refundable, unless you cancel your booking within 45 days
before departure, in which case this third payment also becomes
non-refundable and non-transferable to other TBL & PS offerings.
If any of these payments are not paid on or before their due date,
TBL & PS reserves the right to treat your booking as cancelled.
4. Cancellation by the traveller
If you cancel some or all portions of your booking, cancellation
fees will apply. A cancellation will only be effective when we
receive written confirmation of the cancellation. If you cancel a
safari:
• 180 days or more prior to departure, TBL & PS will retain your
deposit only.
• Between 45 days and 180 days prior to departure, TBL&PS will
retain the deposit, and the second payment.
• Less than 45 days to departure, TBL & PS will retain 100% paid
by you in connection with the booking.
If you leave a safari for any reason after it has commenced, TBL &
PS is not obliged to make any refunds for unused services. If you
fail to join a safari or join it after departure, or leave it prior to its
completion, no refund will be made. The above cancellation fees
are in addition to fees which may be levied by accommodation
providers,travel agents or third party tour and transport operator
fees.
5. Cancellation by TBL & PS
TBL & PS may, at its sole discretion with full regards for its
clients/guests safety in mind can cancel any safari prior to
departure. If TBL & PS cancels your safari, you can transfer
amounts paid to any available alternate departure date, or to
another available TBL & PS safari, or alternatively receive a full
refund. In circumstances where the safari cancellation is due to
external events outside the reasonable control of TBL &
PS (including but not limited to flood, fire, act of God, natural
disasters, disease, war or threat of war, physical unrest, political
instability, riots, civil disturbances, terrorist activities (threatened
or actual), strikes, port or airport closures, or technical problems
with, or unavailability of, necessary transport or services), then
refunds or transferrable value will be less any unrecoverable costs.
TBL & PS is not responsible for any incidental expenses that you
may have incurred as a result of your booking including but not
limited to visas, vaccinations, travel insurance excess or nonrefundable
flights.
6. Change of traveller
If you wish to transfer your safari booking to a third party, you
must notify TBL & PS at least 45 days prior to the proposed
departure date. Transfers to a third party are only permitted where
the transferee meets all the requirements in relation to the safari
T&C.
7. Inclusions
What’s included in the price of your safari varies, and is detailed in
the safari itinerary, however, typically:
• All accommodation as listed in the itinerary.
• Internal ground transport (listed as provided in the safari
itinerary) All park access, and other sightseeing fees as listed
in the itinerary
• The reasonable services of a TBL & PS group leader and or
authorised person or persons.
• Food / Drink whilst at TBL & PS ( does not include KNP or
other external safari locations or activities )
8. Exclusions
What’s not included in the price of your safari varies and is
detailed in the safari itinerary, however, typically
• Tips / gratuities
• Excess baggage charges
• Meals other than those specified
• Visa and passport fees
• Travel insurance
• Alcohol (unless specified)
• Camera gear (unless specified)
• Optional extra activities and all personal expenses
• International or domestic flights to/from your home to the safari
start/finish, unless specified
9. Prices & surcharges
TBL & PS reserves the right to impose surcharges up to 30 days
before departure due to unfavourable changes in exchange rates,
increases in airfares or other transportation costs, increases in local
operator costs, taxes, or if government action should require TBL
& PS to do so. If any surcharge results in an increase of more than
10% of the safari price, you may cancel your booking within 14
days of notification of the surcharge, and obtain a full refund.
Please note that a levy of up to 2.9% may be applied to all
purchases made by credit card. Payment to Tusk Bush Lodge &
Photographic Safaris should be made via electronic bank transfer
to our designated account which will be provided to you.
10. Your details
In order for TBL & PS to confirm your travel arrangements, you
must provide all requested details with or before the second
payment is due (180 days before the departure date). Necessary
details include full name as per passport, date of birth, nationality,
passport number, passport issue and expiry date and any preexisting
medical conditions you have which may affect your ability
to complete your travel arrangements. Your booking cannot be
confirmed without provision of these details.
11. Age and fitness requirements
PLEASE NOTE The Immigration Laws and entry requirements for
children entering South Africa have been recently changed,please
check with your travel agent/South African Department of
Immigration prior to booking .
You must also notify us of any existing health problems.
For the majority of TBL & PS the minimum age is 14 at the time
of travel .You must consult with a TBL & PS representative for
children younger than 14 yrs old. All travellers under the age of 18
must be accompanied by a legal guardian, or, in lieu of a legal
guardian, by an escort over the age of 18, appointed by their legal
guardian. The legal guardian or their designee must book and pay
for in-full a place on the safari for themselves, and will be
responsible for the traveller under the age of 18’s day to day care.
If a legal guardian elects to designate an escort in their lieu, they
will be required to complete and sign a relevant document to
delegate their authority. Please note TBL & PS cannot guarantee
triple or joining rooms for families; accompanying adults may be
required to share with others in the group on a twin share basis.
The majority of TBL & PS safaris have no upper age limit, though
you are reminded that some TBL & PS safaris can be physically
demanding refer to each safaris itinerary and ‘physical activity’
level to determine your suitability.TBL & PS reserves the right to
decline bookings at its sole discretion if it feels you may be
unsuited to the level of activity required. TBL & PS is unable to
provide specific mandatory health requirements, and it is your
responsibility to ensure that you obtain proper and detailed medical
advice requirements and recommendations for your destination at
least two months prior to travel. Where you do not do so and either
are not allowed to enter any country, or suffer personal injury or
death as a result TBL & PS has no liability to you for any cost, loss
or damage which you suffer nor will TBL & PS refund you the
cost of any unused portion of your travel arrangements.
12. Accommodation arrangements
Accommodation arrangements vary for each location and each
safari, however unless otherwise started, all TBL & PS safari
accommodation is twin-share. So, if you’re booking on your own ,
expect to share a room with someone else, and if you’re booking as
a couple, you may request a double bed if desired, although this is
not always possible. For solo travellers TBL & PS cannot
guarantee that you’ll be sharing with someone of the same sex, it
depends on the gender split. On some TBL & PS safaris you may
request a single supplement (a room to yourself) for an extra fee,
subject to availability.
13. Information awareness
TBL & PS provides a ‘Safari information document’ for each
safari location, as well as a safari itinerary. It is your responsibility
to ensure you have read and understood both of those documents in
their entirety, as well as to have undertaken your own research to
ensure you are properly prepared for the locations and experiences
expected.
14. Passport and visas
For international TBL & PS safaris, you must carry a valid
passport, and it is your responsibility to ensure that you are in
possession of the correct visas, permits and certificates for the
countries which you will visit during your safari. Your passport
must be valid for six months beyond the duration of the safari.
TBL & PS is not responsible if you are refused entry to a country
because you lack the correct passport, visa or other travel
documentation.
15. Travel insurance
Travel insurance is compulsory for all TBL & PS safari guests and
should be taken out at the time of booking. Your travel insurance
must provide cover against personal accident, death, medical
expenses and emergency repatriation .TBL & PS also strongly
recommend it cover cancellation, curtailment, personal liability
and loss of luggage and personal effects. You must provide proof
of your travel insurance on or before the final safari payment ,you
will not be able to join the trip without it.
16. Change of dates
If absolutely necessary, TBL & PS reserves the right to modify
safari dates at any time prior to departure. Should this occur and if
you are unable to travel on the new dates, you may cancel your
safari booking and receive a full refund of all monies you have
paid toTBL & PSfor that safari however TBL & PS will not be
held responsible for any incidental expenses that you may have
incurred as a result of your booking, including but not limited to
visas, vaccinations, travel insurance excess or non-refundable
flights.
17. Change of itinerary
While TBL & PS endeavours to operate all safaris as described,
TBL & PS reserve the right to change the itinerary at any time
without prior notice.
Before departure: If TBL & PS makes a major change to the
itinerary (one that affects more than 20% of the safari days) you
will be informed as soon as reasonably possible. If a major change
is made, you may choose between accepting the change, or
cancelling your booking and obtaining a refund of all money you
paid to TBL & PS for that safari.
After departure: TBL & PS reserves the right to change an
itinerary after departure due to local circumstances or events
outside of TBL & PS control. In such emergency circumstances
the additional cost of any necessary itinerary alterations will be
covered by you, if requested. There will be no refunds offered due
to necessary itinerary changes forced upon us by factors outside
TBL & PS control, nor will TBL & PS be responsible for any
incidental expenses that may be incurred as a result.
18. Authority on tour
Our safaris are run by aTBL & PS safari leader. The decision of
the safari leader is final on all matters likely to affect the safety,
well being, or experience of any person participating in the trip. If
you fail to comply with a decision made by a safari leader, or
interfere with the well being or mobility of the group, the safari
leader may direct you to leave the trip immediately, with no right
of refund. TBL & PS may also elect not to carry you on any future
safaris booked. You must at all times comply with the laws,
customs, foreign exchange and drug regulations of all countries
visited, and you also agree to travel in accordance with responsible
travel guidelines.
19. Photographic and video consent and release
You consent and agree that TBL & PS has the right to take or use
photographs or record video of you (and/or your property) and to
use these in any and all media including online, now or hereafter
known, and for any purpose whatsoever. You further consent that
your name and identity may be revealed therein or by descriptive
text or commentary. You grant TBL & PS a perpetual, royalty-free,
worldwide, irrevocable licence to use such photos and videos in
print and electronic form publicly or privately .You waive any
rights, claims or interest you may have to control the use of your
identity or likeness in the photographs and videos and agree that
any uses described herein may be made without compensation or
additional consideration to you.
20. Acceptance of risk
You acknowledge that TBL & PS safaris takes you to some places
where the wildlife, political, cultural and geographical attributes
present dangers and physical challenges greater than those present
in our daily lives TBL & PS uses information from government
foreign departments as well as reports from our own contacts in
determining whether an itinerary should operate. However, it is
also your own responsibility to acquaint yourself with all possible
relevant travel information and the nature of your itinerary. You
acknowledge that your decision to travel is made in light of
consideration of this information and you accept that you are aware
of the personal risks associated with such travel.
21. Limitation of liability
You acknowledge that TBL & PS may be carried out on third
party premises to which TBL & PS does not have any control in
relation to the safety, security and layout of the premises. You also
acknowledge that TBL & PS may utilise a network of third party
companies, agencies and individuals to assist in the running of its
safaris. TBL & PS is not responsible for the acts and omissions of
these third parties. You assume all risks, liabilities and hazards
connected with the participation in this safari howsoever and
whatsoever caused, including physical injury, sickness or even
death. You acknowledge there are inherent risks in participating in
boat trips, plane, helicopter, car travel etc and you participate in
this safari at your own risk and shall be responsible for all loss and
damage to yourself and/or your properties while attending this
safari. Any equipment that belongs to or is provided by TBL & PS
that you borrow and/or use during the safari (whether with or
without consent) will be at your own risk and you unconditionally
acknowledge that TBL & PS does not warrant the suitability and
the purpose of the Borrowed Equipment.
To the fullest extent permitted by law:
• Any liability for any loss, death, injury or damage which you
may suffer (directly or indirectly) in connection with or
arising out of your participation in a safari, or any breach of
the booking conditions, is excluded
• You release TBL & PS and our officers, employees, agents and
representatives from any liability and expressly waive any
claims you may have against TBL & PS arising out of or in
connection with your participation in a safari
• Any condition or warranty which would otherwise be implied by
law into these Booking Conditions (Implied Warranty) is
excluded.
To the extent an Implied Warranty cannot be excluded, our
liability in respect of the Implied Warranty is limited to (inTBL &
PS absolute discretion): (i) the provision of a similar trip to an
equivalent value; or (ii) a refund of the total amount received by
TBL & PS from you in connection with your booking.
Any claim by you is excluded to the extent that it is for indirect or
consequential loss, loss of profits or economic loss, however it
arises, or for indirect, special, punitive or exemplary damages.
22. Consumption of alcohol
On some TBL & PS safaris, alcohol may be available. TBL & PS
will not be held responsible for your actions under the
influence,drunken / unruly behavior will not be tolerated and
person/persons may be ejected from a TBL & PS without
compensation and or legal actions taken against said party/parties.
23. Optional activities
Optional activities not included in the trip price do not form part of
the safari or this contract. You accept that any assistance given by
your safari leader or local representative in arranging optional
activities does not render TBL & PS liable for them in any way.
The contract for the provision of that activity will be between you
and activity provider.
24. Claims & complaints
If you have a complaint about your safari please inform your safari
leader at the time, in order that they can attempt to rectify the
matter. If satisfaction is not reached through these means, then any
further complaint should be put in writing to TBL & PS within 30
days of the end of the safari.
25. Severability
In the event that any term or condition contained in these Booking
Conditions is unenforceable or void by operation of law or as
being against public policy or for any other reason then such term
or condition shall be deemed to be severed from this contract or
amended accordingly only to such extent necessary to allow all
remaining terms and conditions to survive and continue as binding.
26. Privacy policy
Any personal information that TBL & PS collects about you may
be used for any purpose associated with the operation of a safari its
marketing and advertising.
27. Communication consent
You grant TBL & PS the right to contact you following the safari,
to provide information and marketing materials pertaining to
additional safari destinations and services.
28. Applicable law
The laws of New South Wales/ Consumer Rights, Australia,
govern these booking conditions to the fullest extent allowable.
Any disputes in connection with a safari or these booking
conditions must be initiated in the courts of New South Wales,
Australia.
29. Updating of terms and conditions
TBL & PS reserves the right to update and/or alter these terms and
conditions at anytime, and it is your responsibility to be familiar
with them. The latest terms and conditions can always be found by
contacting us at
I acknowledge and represent that I HAVE READ these Safari
Booking Conditions and fully understand the terms. I execute this
form at my own free will and act without duress. I expressly
warrant and represent that no oral representations, statements or
inducements were given or relied upon in the execution of this
form. I represent that I am at least 18 years of age.
Executed as a deed.
TBL & PS OFFICE ADDRESS : UNIT 18 ENTERPRISE
INDUSTRIAL ESTATE 20 META ST CARINGBAH SYDNEY
AUSTRALIA NSW 2229
LOCAL: 0448 790 077 INT:+ 61 448 790 077
E:
W: