CONTRACT Between REAL AFRICA SAFARIS NAMIBIA. P.O. Box Hatfield 0028 South Africa And. (hereinafter referred to as the

Similar documents
MEMORANDUM OF AGREEMENT

Family Application Form

CREDIT FACILITY AGREEMENT. Made and entered into by and between:-

DAZZLE AFRICA RELEASE OF LIABILITY, INDEMNITY, AND AGREEMENT

DIRECT TOURING TRADING TERMS AND CONDITIONS 2017

THE DERIVATIVES DIVISION OF THE JSE SECURITIES EXCHANGE

Let days Agreement form

CLIENT AGREEMENT. Between.... ( member") and.... ( client")

THE PEKAY GROUP (PTY) LTD

THE DERIVATIVES DIVISION OF THE JSE SECURITIES EXCHANGE

AGREEMENT WITH BUILDER THIS AGREEMENT MADE BETWEEN:

SECURITIES LENDING AND COLLATERAL MANAGEMENT MANDATE AGREEMENT

AIRLIE COUNTRY PRE-SCHOOL

SUPPLY AGREEMENT TERMS AND CONDITIONS OF PURCHASE (INFLIGHT SERVICES) SELLER IS ADVISED TO READ THESE TERMS & CONDITIONS CAREFULLY

Application Form for Thailand Elite Family Membership. Sales Agent

Artist performance agreement for THE FESTIVAL BETWEEN

BASF Tanzania Limited Standard Terms and Conditions of Sale

PARTNERSHIP AGREEMENT

APPLICATION FOR CREDIT FACILITIES AND DEED OF SURETYSHIP

BlueStarJets, LLC. ( Client or you ) having its contact. address at. SKYCARD PROGRAM ACCOUNT INITIAL DEPOSIT: $ RECITALS:

MEMORANDUM OF AGREEMENT (MoA) FOR BURSARY FUNDING

STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND SERVICES

INTRODUCING BROKER AGREEMENT

OPTION AGREEMENT SECTION NO.

(Registration number..) of.. (The principal debtor, hereinafter referred to as the FRANCHISEE )

Application Form for Elite Superiority Extension Membership Please use capital letters and black or blue ink only

TOYOTA KENYA LIMITED

INDEPENDENT CONTRACTOR AGREEMENT

VISA Inc. VISA 3-D Secure Authentication Services Testing Agreement

Applicant Credit Card: the credit card specified by the Applicant during the Online Registration Submission.

For Preview Only - Please Do Not Copy

AMERICAN WORK

BELIZE INTERNATIONAL FOUNDATION APPLICATION FORM III

AGREEMENT WITH BUILDER. NAME or COMPANY NAME: ADDRESS:

BENEFIT PAYMENT AGREEMENT. Between ( DF ) A Company duly incorporated in accordance with the laws of. The Republic of South Africa,

HOST FAMILY REGISTRATION FORM

PROFESSIONAL SERVICES CONTRACT GENERAL SERVICES BETWEEN COPPER VALLEY ELECTRIC ASSOCIATION, INC. AND

CLIENT APPLICATION FORM Version 2

CREDIT APPLICATION FORM

INDIVIDUAL DEED OF SURETYSHIP

STANDARD TERMS AND CONDITIONS ACKNOWLEDGEMENT DELUXE PLASTICS

Approval of a Contract with the County of Los Angeles for the Transportation of Inmates

do hereby bind myself/ourselves jointly and severally, as surety/ies and co-principal debtor/s in solidum, to and in favour of

AMERICAN WORK

Citrus Academy Bursary Agreement

NOTE- All drafts must be pre-approved by Vectren before final execution. Please contact Vectren Credit Risk for assignment of document number.

FILM PRODUCTION AGREEMENT

!! 1 Page! 2014 PEODepot. All rights reserved. PEODepot and peodepot.com are trademarks of PEODepot. INITIAL! BROKER AGREEMENT

TRADING AGREEMENT. concluded between PANNAR SEED (PTY) LTD. (Registration number: 1986/002148/07) ("PANNAR") And.

COMMERCIAL SPACE LICENSE AGREEMENT

(2) (Company Number ) whose correspondence address is at

SEW EURODRIVE LTD: STANDARD TERMS AND CONDITIONS OF SALE

Handling of Transport. Terms and Conditions

CREDIT APPLICATION FORM

EliteJets Standard Conditions of Charter of Aircraft

PASSENGER BUS STOP ACCESS AGREEMENT

IRREVOCABLE BANK GUARANTEE. THIS IRREVOCABLE BANK GUARANTEE is made and executed on this day.

LICENSE AGREEMENT. Carnegie Mellon University

EXHIBIT B ARCHERY HUNTING AND LAND USE LICENSE AGREEMENT

TERMS AND CONDITIONS

WEB DESIGN AGREEMENT. Date: 12 th February 2017

This letter agreement (the Agreement ) confirms and memorializes Micron Semiconductor Asia Pte. Description Qty Asset/Serial#

CLOSED CORPORATION / COMPANY APPLICATION FOR CREDIT FACILITIES

SAMPLE DOCUMENT FOR FORMATTING ILLUSTRATION ONLY JOINT VENTURE AGREEMENT

MEMORANDUM OF UNDERSTANDING BETWEEN KIBABII UNIVERSITY AND

Oxford Summer Courses 16 Turl St, Oxford, OX1 3DH

1.2. "the Deposit" means any of the sums paid to BSL in accordance with clause 4.4.

BALANCE CERTIFICATE AGREEMENT

DEED OF SURETYSHIP. in favour of INTERMEDIARIES GUARANTEE FACILITY LIMITED. Surety in solidum for and co-principal debtor with

THIS CONSTITUTES AN APPLICATION TO DO BUSINESS WITH ONE OF THE FOLLOWING TRADING DIVISION OF ALLIED CHEMICAL & STEEL MOZAMBIQUE LDA

ismart Terms & Conditions

SOFTWARE LICENCE. In this agreement the following expressions shall have the following meanings:

In consideration of the foregoing premises and mutual covenants and agreements hereinafter set forth, SPC and User hereby agree as follows:

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.00 WINDHOEK - 5 August 2014 No. 5527

BURGER KING SOUTH AFRICA BOEREWORS BURGER SOUTH AFRICAN ADVENTURE FOR TWO! #COMBONATION EXPERIENCE COMPETITION RULES

FAMILY APPLICATION. Name Age Special Needs (if so, be specific)

Security Agreement Assignment of Hedging Account (the Agreement ) Version

CONSIGNMENT AGREEMENT The Golden Closet 7243 Coldwater Canyon Avenue North Hollywood, CA 91605

COMMISSION FOR FLORIDA LAW ENFORCEMENT ACCREDITATION INSPECTOR GENERAL AGREEMENT

THANK YOU FOR CHOOSING VISA FIRST TO PROCESS YOUR VISA APPLICATION. THIS IS YOUR VISA FIRST APPLICATION PACK WHICH CONTAINS:

We further require that the original application form be forwarded to the following postal address: PO Box 561 Bothaville 9660 South Africa

Session Music Recording Contract. This Packet Includes: 1. General Information 2. Instructions and Checklist 3. Session Music Recording Contract

COGNE UK LTD of Uniformity Steel Works, Don Road, Sheffield, S9 2UD General Conditions of Contract

INDEPENDENT CONTRACTOR TERMS OF AGREEMENT Return to the Division of Human Resources when complete. Name: Individual: Business: (mark one)

Volunteer Services Agreement

Quotation is not binding on Q4 until the order has been accepted in writing by Q4.

The terms defined in this Article shall have the meanings ascribed to them herein whenever used in this Agreement :

Plante s Ferry Park Application and Usage Agreement For Non-Tournament Activities June 1 st May 31 st 2019

PCM Initialization Kit LEASE AGREEMENT

GOOD HOPE BRICK (PTY) LTD t/a CAPE BRICK. Trade account application form

Number 17 of 1995 PACKAGE HOLIDAYS AND TRAVEL TRADE ACT, 1995 ARRANGEMENT OF SECTIONS PART I. Preliminary and General

ACT, Inc. ( ACT ) and Customer agree as follows: Effective Date: August 8, 2017

PROFESSIONAL SERVICES AGREEMENT

QUIKSILVER S ONE OF YOUR DAYS CONTEST OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER. VOID WHERE PROHIBITED BY LAW.

COMMISSION FOR FLORIDA LAW ENFORCEMENT ACCREDITATION LAW ENFORCEMENT AGREEMENT

3/12/14. TERMS AND CONDITIONS TO SUPPLY and SALES AGREEMENTS

Consultant Allies Terms and Conditions

Entered into by and between. and

FEDEX SAMEDAY CITY WEB SERVICES END USER LICENSE AGREEMENT

THIS AGREEMENT is made with effect as of, 20 (the "Effective Date") BETWEEN AIR BARRIER ASSOCIATION OF AMERICA INC. ( ABAA ) and

Transcription:

Please initial every page at the bottom, sign the last page and fax it back to: 011 27 12 3465034 THANK YOU! CONTRACT Between REAL AFRICA SAFARIS NAMIBIA P.O. Box 13241 Hatfield 0028 South Africa And (Hereinafter referred to as the client) TERMS AND CONDITIONS 1. CONTRACT: 1.1 This contract will become effective as from the date the client s booking is confirmed in writing, by fax or by e-mail and the deposit; referred to in clause 2.1 is received by (hereinafter referred to as the Outfitter). 1.2 The contract is subject to Namibian law. 1.3 Any person making a reservation as per Clause 8.4 accepts the terms and conditions of this agreement as set out hereunder. 2. HOW TO BOOK: 2.1 A deposit, in the amount as agreed between the parties, is required to confirm any reservation and is to be paid by the agent or client (see Clause 8.4) and confirmed in writing, fax or e-mail. 2.2 The balance of the day fees must be received by the Outfitter upon arrival of the client in Namibia. 2.3 If the Outfitter does not receive the full contract price when due, the Outfitter may cancel the reservation and retain whatever deposit, or other funds, it has already received from the client or his/her agent.

3. BANK DETAILS: Bank Name: NEDBANK SOUTH AFRICA Branch Code: 149745 SWIFT Code: NEDZSAJJ Account Name: REAL AFRICA SAFARIS Account Number: 11 000 135 951 4.1 CANCELLATION: 4.1 Any cancellation of a confirmed reservation must be done in writing, fax or e-mail to the Outfitter, whereupon cancellation changes as per Clause 4.2 will apply. 4.2 No refund will be made by the Outfitter if, for any reason, inclusions or parts of the safari cannot be carried out and/or utilized. These would include all facets such as meals, game drives, accommodations, etc. This would also apply to any client who has booked a safari but fails to undertake the safari for any reason whatsoever. 5. BOOKING CHANGES: If a reservation is changed to an earlier date than originally reserved, the Outfitter will endeavor to comply, but will not be obliged. Should a reservation be changed to a later date, cancellation charges, as per Clause 4.2 will apply.

6. PRICE CHANGES: 6.1 The Outfitter reserves the right to increase the price of any safari, prior to departure, due to factors beyond the control of the Outfitter, such as, without being limited to, increase in fuel prices, government legislation, accommodation price increases, exchange rate changes, etc. 6.2 If the Outfitter announces an increase in terms of this Clause, such increase must be paid to the Outfitter, under the same conditions as set out under Clause 2. 7. CHANGES TO ITINERARIES: The Outfitter shall at any time have the right, in its entire discretion, to alter the terms of the safari in relation to route, timetable, itinerary and accommodation. The Outfitter shall, however, make every effort to offer the client an alternative of comparable standard. Should the client reject the alternative, Clause 4.2 of this contract will be applicable. The client shall have no claim against the Outfitter for damages arising out of the alternative safari. 8. RESPONSIBILITY AND LIABILITY: 8.1 Neither the Outfitter, nor any person acting for, through and on behalf of the Outfitter, shall be liable for any loss or damage, whatsoever, arising from any cause whatsoever, and without restricting the generality of the foregoing, shall particularly not be responsible for the loss or damage arising from any errors or commission contained in this contract or any other literature of the Outfitter, caused by delays, sickness, injury or death, whether occasioned by negligence or not. 8.2 The Outfitter may, at its discretion and without liability or cost to itself, at any time cancel or terminate a client s safari and in particular without limiting the generality of the foregoing, it shall be entitled to do so in the event of illness or the illegal or incompatible behavior of the client undertaking the safari, who shall in such circumstances not be entitled to any refund.

8.3 The Outfitter shall have the right at any time, at its sole discretion, to cancel a safari, or the remainder thereof, or to make any alteration in the route, accommodation, price or other details. This would include any event or any safari being rendered impossible, illegal or inadvisable by weather, avalanches, strike, war, government or other interference or due to any other cause whatsoever. The extra expenses incurred as a result thereof shall be the responsibility of the client. 8.4 Any person making a reservation with the Outfitter (refer Clause 1.1) warrants that he or she has the necessary authority to enter into this contract on behalf of the person or persons included in such a reservation. The person making the reservation shall be liable for the total amount due to the Outfitter. 9. CLIENTS OBLIGATIONS: 9.1 It is the responsibility of the client to obtain the necessary comprehensive insurance, before arriving, for any possible cancellations, medical expenses and protection of personal property and money. 9.2 The onus is on the client to ensure that passports and visas are valid for the duration of the safari. The Outfitter cannot be held liable for any necessary visas having the necessary documents to enter a given area or country, the Outfitter shall reserve the right to leave the client at the point of entry to such an area or country. In such an event, the Outfitter shall not be responsible to the client for any further travel arrangements. 10. HEALTH AND PERSONAL SAFETY: 10.1 The client declares him/she fit enough to undertake the safari. 10.2 Anti-malaria precautions will be the responsibility of the client. A medical doctor should be consulted for advice. 10.3 Safaris offered by the Outfitter cover a wide spectrum of the African wilds and neither the outfitter; its employees can be held responsible for any injury to other related incident while on safari.

11. BAGGAGE: 11.1 Clients are limited to one soft, sports type bag, with a maximum weight of twenty kilograms. This does not include rifles, photographic equipment and one overnight personal holder. 11.2 Due to rugged terrain, the Corporation cannot be held responsible for any loss of or damage 12. AIRLINE CLAUSE: to any personal item, including baggage contents of bags or photographic or related equipment. Due to extremely dusty conditions, please ensure that all bags are dust-proof. The Outfitter will act as an agent for the client and booking the client with an airline or charter service. The client will therefore contract with the airline or charter service and not with the Outfitter. 13. GENERAL: 13.1 The following are included in all safaris referred to in any Outfitter literature: Vehicle and related costs Guide and related costs Full Accommodation Full Permits Airport Transfers by vehicle 13.2 The following are not included in safaris costs: Personal items and needs Gratuities Taxidermy costs Charter flights Optional extras. 13.3 Clause 13.1 and 13.2 will not be applicable to specially formulated safaris that will be conducted as per client request. 13.4 Any indulgence granted by the Outfitter will not be interpreted as a waiver of its rights in terms of this agreement.

13.5 Species wounded, and not found, will be deemed as hunted and the client will be liable for the cost of the specie that was wounded and not found. The outfitters undertakes to do the utmost to track and find any wounded animals, however cannot be held liable should it not be found. 14. TROPHY HANDLING: 14.1 The Outfitter shall be responsible for all field preparation of trophies up to, and including, the delivery to the taxidermist/shipping agent that will be used to transport the trophies to the clients chosen delivery address. The Outfitters responsibility for the trophies and the handling thereof will cease upon delivery of the trophies to the taxidermist/shipping agent. 14.2 The Outfitter will act as agent for the client in dealings with the taxidermist/shipping agent. The client will therefore, contract with the taxidermist/shipping agent and not with the Outfitter. 14.3 All dipping, packing, shipping and taxidermist costs, and the payment thereof, will be a direct agreement between the taxidermist/shipping agent and the client. 15. BOOKING DETAILS: See booking documentation attached. 16. EXTENSION NO WAIVER: Notwithstanding any expressed or implied provisions of this contract, any latitude or extension of time which may be allowed by either party to the other in respect of any payment provided for herein, or any matter or thing that any one of the parties is bound to perform or observe in terms hereof, shall not under any circumstances be deemed to be a waiver of, or prejudice, the rights of either party at any time to require strict and punctual compliance with each and every provision or term of this agreement.

17. NO WARRANTIES: The Client hereby acknowledges that there are no undertakings or agreement by the Outfitter, that no warranties have been given by or on behalf of the Outfitter and that no representations have been made by or on behalf of the Outfitter either in writing or verbal, except as contained in this Agreement. 18. JURISDICTION: The parties consent to the jurisdiction of the High Court of Namibia or the Magistrate Court for the District of Windhoek for any legal proceedings in respect of any dispute that may arise from this agreement regardless of the cause of action or the amount in dispute and this paragraph shall serve as a written consent to jurisdiction as may be required by any law or court for purposes of conferring jurisdiction upon the court wherein the dominus litis institutes such proceedings. 19. WHOLE AGREEMENT: This Agreement constitutes the whole agreement between the parties and no variation, alteration, modification or suspension of any of the terms or conditions of this agreement shall be of any force or effect unless reduced to writing, signed by the parties and made an Annexure hereto.

I,, hereby agree to the above terms and conditions. Signed on this day of at Person responsible for payment: Name: Signature: Signed on this day of at Outfitter: Signature: Witnesses: 1. 2.