Kruger National Park - South Africa

  TUSK BUSH LODGE PTY LTD TERMS & CONDITIONS

                               TUSK BUSH LODGE PTY LTD

                               TERMS & CONDITIONS 2018-2019

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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 info@tuskphotosafaris.com

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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.

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             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: info@tuskphotosafaris.com

                       W: www.tuskphotosafaris.com