TERMS AND CONDITIONS

  1. Shifting Sands Services (Pty) Ltd trading as Bush Ways Safaris, with its agents and associates, is hereinafter referred to as the COMPANY and the passenger is referred to as the PASSENGER.
  2. The PASSENGER warrants that he/she has the authority to conclude this booking and the contract between the COMPANY and the PASSENGER.
    1. Acceptance by the COMPANY of the booking shall be evidenced by forwarding to the PASSSENGER or agent of an invoice, indicating an amount due by the PASSENGER to the COMPANY, AND the PASSENGER making payment of the deposit, being equal to 25% of the safari fee and due on reception of invoice
    2. The PASSENGER having placed a booking shall not be entitled to withdraw or cancel the same without the COMPANY’S written consent.
  4. In the absence of a signed booking form, the invoice shall substitute to confirm the contract between the COMPANY and the PASSENGER.
    1. The full amount due shall be payable to the COMPANY not less than 6 (six) weeks prior to the departure date.
    2. Should the booking be cancelled by the PASSENGER, the deposit will be forfeited and cancellation penalties will apply according to the following scale: 30 – 45 days before departure date: 40% of the total safari fee 21 – 29 days before departure date: 70% of the total safari fee 0 – 20 days before departure date: 100% of the total safari fee.
  6. Safari prices include only what is indicated for each tour and do not include the costs of visas, vaccinations, insurance, or such items required for each safari.
  7. The PASSENGER acknowledges that it is his/her responsibility to ensure he/she is in possession of all necessary travel documents, including any health and other certificates that may be required.
  8. It is compulsory for the PASSENGER to ensure that he/she has adequate travel insurance for the duration of the safari, and the COMPANY reserves the right to demand proof of such insurance.
  9. The PASSENGER acknowledges that the safari price and itinerary disclosed and accepted, may be varied by the COMPANY without notice to the PASSENGER, at the discretion of the COMPANY, and provided the itinerary is not substantially different from the itinerary anticipated by the PASSENGER. This will not constitute grounds for cancellation of the contract, nor variation of the terms thereof.
  10. The COMPANY shall endeavor to ensure that all anticipated accommodation is available as planned. In the event that a change in the accommodation shall be necessary, for whatever reason, the PASSENGER shall have no claim of any nature whatsoever against the COMPANY.
  11. The PASSENGER acknowledges being aware that the proposed itinerary and safari require a measure of physical fitness and endurance, and it is the PASSENGER’S obligation to ensure that he/she is medically fit and able to embark upon the safari.
  12. The PASSENGER acknowledges that there are dangers and risks inherent in these safaris and the PASSENGER agrees to accept all such risks connected with or arising from any aspect of the safari.
  13. The PASSENGER indemnifies and holds harmless the COMPANY, it’s employees, agents or affiliates, against any loss or injury that may be sustained or arising from the safari, whatever the cause and whether or not it may have been caused by any negligent act or omission on the part of the COMPANY, its management, employees, agents or associates. The PASSENGER waives all rights of any nature whatsoever that he/she, his/her assigns, successors in title, dependents or heirs may have against the COMPANY.
  14. The PASSENGER acknowledges that the COMPANY will appoint a tour leader who shall be in charge of the safari and all matters relating thereto, and the PASSENGER agrees and undertakes to comply with the tour leader’s legitimate requirements.
    1. The PASSENGER agrees and undertakes that he/she will at all times comply with the COMPANY’S requirements in regard to his/her conduct, and he/she will not in any way constitute a nuisance to any other person on the safari.
    2. If a PASSENGER constitutes a nuisance to the COMPANY or any other passenger, the COMPANY shall be entitled to terminate the COMPANY’S booking and refuse to permit the PASSENGER to continue with the itinerary and safari. In this event the PASSENGER shall be responsible for making his/her own further travel arrangements at his/her own cost. In these circumstances the COMPANY shall not be liable to make any refund to the PASSENGER, who will have no claim of any nature whatsoever against the COMPANY.
  16. The COMPANY has the right to use any photographs or film produced during any of its safaris for any purpose whatsoever without having to request permission from, or to make any payment to any PASSENGER.
  17. This contract between the COMPANY and the PASSENGER shall be deemed to be concluded in Maun, Botswana and shall be interpreted according to the laws of Botswana.
  18. These conditions constitute the entire terms of the relationship between the parties. There exist no other terms and conditions regulating their relation.