Terms And Conditions
DELTA RAIN PTY LTD, Botswana company registration number 98/1900 (“the Company”)
- The terms and conditions contained in this document shall apply to the tour booking concluded between the Company and the undersigned client in respect of the tour, as more fully described in the tour dossier provided to the client on confirmation of the booking.
- All references in these terms and conditions to “client” shall include references to an agent of the client, with such changes as the context may require.
APPLICABLE LAW AND JURISDICTION
- These terms and conditions shall be deemed to have been concluded in Maun, Botswana and shall be interpreted according to the laws of Botswana.
- Notwithstanding the aforesaid, the client must at all times comply with the laws, customs, foreign exchange and other regulations of all countries visited on the tour.
- The Company reserves the right not to confirm the booking until the full amount set out in the invoice received by client is paid and has been received by the Company and all the relevant documentation has been signed and completed in full by the client.
- Any amendments to, or cancellation of the booking shall be subject to these terms and conditions.
DELTA RAIN CHILD POLICY
- Children between the ages of 7 – 15 are welcome to travel with Delta Rain on a request basis and must be accompanied by an adult.
- Children between the ages of 16 – 18 are welcome to travel with Delta Rain but will require a letter of consent signed by a parent or guardian.
TOUR PRICE, DEPOSIT AND PAYMENT
- While Delta Rain has utilised its best endeavours to ensure the accuracy of the tour price, such price is subject to change as a result of factors beyond Delta Rain’s reasonable control, in which event Delta Rain shall utilise its best efforts to notify clients of such change as soon as possible.
- The tour price includes only those services/items that are included as per the itinerary and the tour dossier, and the client shall be responsible and pay for any additional items where, as required by the Company from time to time, such payment is made either directly to a third party service provider or to the Company for settlement with a third party service provider.
- The Company records that prices/charges/tariffs in respect of certain activities forming part of the tour are determined in accordance with the public regulations of a particular country and, accordingly, the Company has no control over any increases in such prices/charges/tariffs, including where such increases are implemented during the tour. The Company accordingly reserves the right, in its sole discretion, to increase the relevant prices/charges/tariffs to account for such increases and/or fluctuations.
- A non-refundable 25% deposit is required to secure a booking in respect of the tour. This non-refundable deposit shall be set off against the tour price.
- The tour price must be paid by not later than 28 days prior to the departure date for the tour, failing which the Company reserves the right to deem the booking as having been cancelled, and to levy the cancellation penalties set out in these terms and conditions.
- In the event that the client makes a booking within 28 days of the date of departure of the tour, he or she shall, in order to secure the booking, be required to pay the full tour price upfront.
- Where the booking is cancelled at any time up to 29 days prior to the date of departure of the tour for any reason, the client shall forfeit the non-refundable deposit.
- Where the booking is cancelled less than 29 days prior to the date of departure of the tour for any reason, the client shall be liable to pay the following penalties to the Company –
– cancellation between 28-15 days prior to the date of departure, a cancellation penalty equal to 50% of the tour price;
– cancellation between 14-7 days prior to the date of departure, a cancellation penalty equal to 75% of the tour price; and
– cancellation less than 7 days prior to the date of departure or “no shows”, a cancellation penalty of 100% of the tour price.
- The Company shall be entitled to apply any portion of the non-refundable deposit paid by the client toward any cancellation penalty payable in terms hereof.
- The Company reserves the right, at any time and for any reason, to cancel the tour on notice to the client. In such event, the Company shall refund the tour price (which includes for the avoidance of doubt, the non-refundable deposit) to the client. It is recorded that refund of the tour price as aforesaid shall be the Company’s sole responsibility to the client, and no claim for any damages, howsoever arising, shall accrue against the Company by reason of a cancellation of the tour.
- The client acknowledges that the tour may be subject to a minimum number of passengers (including the client). If the minimum booking is not obtained, the Company reserves the right to cancel the tour and refund the tour price to the client, in which event the client shall (for the avoidance of doubt) have no claim for any damages against the Company.
AMENDMENTS TO BOOKINGS
- In the event that the client joins the tour after the departure date, or leaves before the completion thereof for any reason whatsoever, the client shall not entitled to any refunds or rebates whatsoever from the Company.
- In the event that a tour is changed, these terms and conditions shall apply to the substituted tour, with the necessary changes having been made.
PASSPORTS, VISAS AND OTHER TRAVEL PAPERS
- It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.
- The Company shall not be held liable for any consequences, damages or claims if the client prior does not correctly attend to the client’s documentation and related matters as contemplated herein.
- Comprehensive Medical and Travel insurance is mandatory on all delta rain safaris. Should a client be unable to present proof of such insurance Delta Rain Pty Ltd may, in its sole discretion, exclude the client from the tour, and the client shall be liable for the cost of the excursion in full. The client acknowledges that the travel insurance must include comprehensive medical insurance including provision for air evacuation.
- The client acknowledges that the Company shall not be liable for any consequences, damages or loss as a result of the client failing to have the necessary cover.
- The client shall be responsible for all baggage and personal effects brought by him or her on the tour, and the Company shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.
- The client shall be entitled to one bag (being a backpack or soft bag, and not a suitcase) that weighs not more than 20 kilograms, and a daypack. Should the client require a larger baggage allowance, this may be arranged with the Company against payment of a fee that the Company may levy in its sole discretion. Notwithstanding the aforegoing, the Company reserves the right to refuse excess baggage.
- The client accepts that to participate in the tour requires a measure of physical fitness and health and it is the client’s obligation to ensure that he or she is medically fit to embark on the tour.
- Where the client is over the age of 65, the Company requires a medical certificate or doctor’s letter confirming that the client is medically fit to undertake the tour.
AUTHORITY ON TOUR
- The client must at all times comply with the laws, customs and foreign exchange regulations of all countries visited during the tour.
- In addition, the client acknowledges that any disruptive, dangerous or potentially dangerous behavior during the tour shall not be tolerated and that the Company, its employees, representatives, agents and/or contractors being so authorized, reserve the right to exclude the client from the tour at any point therein in such circumstances.
- The Company shall not be liable for any costs and/or expenses for the client resulting from exclusion as aforesaid, and the client shall not be entitled to a refund or rebate of the tour price or any additional compensation in such instances.
- The Company reserves the right to use any photographs and video taken during the tour for use in marketing or any other advertising material, and the client hereby consents to such use.
- The client further agrees that the Company shall retain copyright over any such photographs and videos taken during the tour and/or used in its brochures and, to the extent necessary, the client hereby assigns copyright in such photographs and/or videos to the Company.
- Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations to the tour. These alterations are to include change of crew and number of crew while on a Delta Rain tour. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.
- On booking, the client shall be issued with our tour dossier and pre-departure information documents. It is the responsibility of the client to read and understand these documents before travelling. These documents are to used as a guide only.
INDEMNIFICATION AND EXCLUSION OF LIABILITY
- The client accepts that the tour is of an adventurous nature and involves an element of personal risk.
- The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising ( including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour, and the client irrevocably and forever releases and discharges the Company and its respective directors, officers, employees, representatives and agents from any and all such liability.
- The client furthermore indemnifies and holds the Company and its respective directors, offices, employees, representatives and agents harmless from and against any land all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the client’s or any other person’s injury or death, or any loss of or damage to the client’s or any other person’s property) which the client or any such other person may incur or suffer as a result of or arising from the clients participation in the tour and any other activities undertaken on or during the tour.