Thank you for your interest in booking a safari with Africa Dream Safaris ®. PLEASE READ THE BELOW BOOKING TERMS AND CONDITIONS, TRAVEL RELEASE AND TRAVEL INSURANCE ACKNOWLEDGEMENT CAREFULLY. Each adult in your party must complete and return a signed copy of these forms (please contact your assigned safari specialist to obtain a PDF copy of our Safari Booking Application, including Waiver Indemnity and Release Agreement), along with a $500 per person (including minors) non-refundable deposit, before we can provide a confirmed reservation for you or your group.
AFRICA DREAM SAFARIS ® - BOOKING TERMS AND CONDITIONS
Africa Dream Safaris, Inc. ("ADS") is a corporation registered and authorized to do business in the State of California, CST# 2071193. You should consider the following terms we use in these Booking Terms and Conditions and accompanying documents synonymous: safari, tour and trip, as they refer to your travel arrangements with Africa Dream Safaris. Additionally, the following terms: you, guest, participant, member, passenger and traveler all refer to you, the undersigned traveler and, as applicable, to the other adult and minor travelers in your party.
Agreeing to the Booking Terms and Conditions
BY SIGNING AFRICA DREAM SAFARIS' SAFARI BOOKING APPLICATION AND PROVIDING YOUR INITIALS BELOW, YOU ARE INDICATING YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS, BOTH PERSONALLY AND ON BEHALF OF YOUR MINOR CHILDREN. EACH ADULT MEMBER OF YOUR PARTY MUST SIGN THE BOOKING APPLICATION, TRAVEL RELEASE AND INSURANCE FORM, AND INITIAL EACH PAGE OF THIS DOCUMENT.
* RESERVATIONS AND PAYMENTS. In addition to submitting a signed, completed Reservations Booking Form, you must submit a non-refundable $500 deposit per person in your group, along with a completed and signed Travel Release and Travel Insurance Acknowledgement Form, before we can confirm your reservation. Upon receipt of the required deposit and travel forms, and subject to availability, we will reserve your place on your selected safari. In the event that any accommodation is not available, we will substitute a comparable property or adjust the itinerary, if necessary, without compromising the integrity of the overall safari experience, as determined in our reasonable discretion. THE BALANCE OF THE CHARGES ASSOCIATED WITH THE SAFARI ARE DUE NOT LATER THAN 90 DAYS PRIOR TO DEPARTURE. We accept Visa or MasterCard for your $500 per person deposit, with the balance of the safari price to be paid by personal check, cashiers check or wire transfer. In the event of any unpaid supplemental costs, you authorized us to use the credit card you provided on the Security Deposit Form to cover those charges. All tour prices are in and must be paid in U.S. dollars. ADS reserves the right to cancel tours if not paid in full by the required deadlines.
* CANCELLATION AND REFUND POLICY. Cancellations are only effective upon Africa Dream Safaris' actual receipt of written notification, signed by the guest. Because we only a have a limited number of spaces per tour and to be fair to our other guests, cancellations received by ADS 90 days or more prior to departure are subject to a $500 per person cancellation penalty; i.e., we will retain your nonrefundable deposit(s). Cancellations received 89-61 days prior to departure are subject to a cancellation penalty of 50% of the total trip price. Cancellations received 60 days or less prior to departure are subject to a cancellation penalty of 100% of the total trip price. No tour refund is available should you fail to join a tour or join it after departure or leave it prior to its completion. Some or all airfare may be non-refundable. There will be no refunds from ADS for any unused portions of the tour. The above policy applies to all travel arrangements made via Africa Dream Safaris. WE STRONGLY RECOMMEND THAT YOU SECURE TRIP AND CANCELLATION INSURANCE.
* INSURANCE. A fundamental condition of booking is that the guest is solely responsible to ensure that he/she carries the appropriate comprehensive travel and medical insurance to cover themselves, as well as any dependents and traveling companions, for the duration of their trip to Africa. This insurance should include, at a minimum, coverage for the following: cancellation or curtailment of the safari and any associated air travel, emergency evacuation expenses, medical expenses, repatriation expenses, damage, theft or loss of personal baggage, money and goods. We recommend you consult with your insurance provider to identify any additional coverage available to you. Africa Dream Safaris is not responsible for any losses or costs incurred or suffered by the guest, or guest's dependants or traveling companions, concerning, but not limited to, any of the above-mentioned events. The relevant service providers will charge guests directly for emergency services, and guests may find themselves in a position unable to access such services should they not carry the relevant insurance coverage. YOU MUST COMPLETE AND RETURN A TRAVEL INSURANCE ACKNOWLEDGEMENT TO ADS AS A CONDITION OF TRAVEL.
* MEDICAL AND HEALTH. Guests should understand that while a high level of fitness is not required, a measure of physical activity is involved in all African safaris and tours. Participation on a safari or tour to Africa requires that you be in generally good health. It is essential that persons with any medical problems or related dietary restrictions make them known to us well before departure. We will endeavor to address your restrictions, but are not responsible for any limitations on the tour arising from your physical or medical condition or dietary needs. All members of your group should take anti-malaria precautions, which are the sole responsibility of the guest. Africa Dream Safaris is not responsible for the accuracy of any medical information you supply us or that we supply to health care providers on your behalf. You should consult your doctor for up to date requirements and personal recommendations well before embarking on your voyage. BY FORWARDING THE TOUR DEPOSIT AND ACCOMPANYING FORMS, THE GUEST CERTIFIES THAT HE/SHE DOES NOT KNOWINGLY HAVE ANY PHYSICAL OR OTHER CONDITIONS OF DISABILITY, INCLUDING DIETARY RESTRICTIONS, THAT WOULD CREATE A RISK FOR HIM/HER OR OTHER TOUR PARTICIPANTS. AFRICA DREAM SAFARIS WILL DECLINE TO PERMIT A GUEST TO PARTICIPATE IN TOUR ACTIVITIES OR PROVIDE ANY REFUND FOR TOUR FEES IN THE ABSENCE OF A SIGNED TRAVEL RELEASE.
* AIRFARES AND DELAYS. Airfares are subject to change without notice prior to ticketing. Africa Dream Safaris is not responsible for any airline schedule or airfare changes, cancellations, overbooking or damage or loss of baggage and property. You must make all claims for any loss or injury suffered on any airline directly with the airline involved. Keep in mind that air schedule changes may necessitate adding additional nights to your tour. These schedule changes are beyond the control of ADS and any resulting additional costs are the guest's sole responsibility. Africa Dream Safaris is not liable for any delays or additional costs incurred as a result of airlines not running on schedule, including in the event of flight cancellations.
* ACCURACY OF INFORMATION. You are responsible for the accuracy of all information concerning your trip, including dates, airline and travel reservations, and trip particulars. Please read all travel documentation carefully and notify ADS of any errors or omissions in advance of your departure. Africa Dream Safaris is not responsible for loss, damage or injury arising from any shortfall, error or omission in the information passed to the customer during the course of the sale or subsequent delivery of the tour product or services.
* ITINERARY CHANGES. Although every effort is made to adhere to schedules, routes, lodges and camps occasionally may change while on safari as dictated by changing conditions. Such conditions may be caused by seasonal rainfall on bush tracks, airfields and in game areas, by game migrations from one region to another, lodge and camp overbookings, airline delays and schedule changes or other booking problems or the like. Africa Dream Safaris is not responsible for such external events or resulting itinerary changes. If a guest initiates any change to the safari itinerary, including accommodations, flights, services, etc., the guest is responsible for all expenses arising from that change. These additional expenses are the responsibility of the guest to pay for directly in Tanzania or interim destinations as applicable.
* SPECIFIC ACCOMMODATIONS AND GUIDES. While our operators endeavor to ensure that all reserved accommodations are available as planned, Africa Dream Safaris is not responsible for a refund either in the whole or in part, if any accommodation or excursion is unavailable and we are able to provide a reasonable alternative. Africa Dream Safaris cannot guaranty specific individuals will be assigned as a guest's driver-guide.
* WILD ANIMALS. Please be aware that our safaris may take you into close contact with wild animals. Attacks by wild animals are rare, but we cannot guarantee your safety. Please note that many safari lodges and camps are not fenced and that wildlife moves freely in and around these areas. Always follow the safety instructions from the lodge or camp's staff with regards to moving to and from your tent and while on game activities throughout your safari. Africa Dream Safaris is not responsible for any injury or incident on the safari. We cannot guarantee sightings of specific species or quantities of wildlife.
* TAXES. The guest is solely responsible for all taxes and fees imposed by government or regulatory agencies prior to or during the course of the tour.
* GUEST REPRESENTATION AND CONSENT. The primary traveler making any booking with Africa Dream Safaris, represents and warrants that he or she has authority to enter into a contract on behalf of all other persons included in the reservation and in the event of the failure of any members of the guest's party to make payment. The primary traveler, by signing this Safari Booking Application, agrees to be personally responsible for all charges associated with the reservation and tour, subject only to the right to receive a partial refund for early cancellation of the reservation. The payment of the deposit or any other partial payment for a reservation on a tour constitutes a consent by all guests covered by that payment to all provisions of the terms and conditions contained herein, whether or not the guest signs the Safari Booking Application.
* ASSIGNMENT. This contract may not be assigned by the guest without the prior written consent of Africa Dream Safaris.
* SEVERABILITY. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
* GOVERNING LAW. The validity of this contract and of any of its terms or provisions, as well as the rights and duties of the parties under this contract, will be construed pursuant to and in accordance with the law of California. Except as otherwise provided herein, the parties specifically agree to submit to the jurisdiction of the courts of Los Angeles County, California, in the event of any dispute between them concerning this Agreement or the tour.
* ENTIRE AGREEMENT. This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject of this contract. This contract contains all of the covenants and agreements between the parties with respect to the subject of this contract, and each party acknowledges that no representation, inducements, promises, or agreements have been made by or on behalf of any party except the covenants and agreements embodied in this contract. No agreement, statement, or promise not contained in this contract is valid or binding between the parties with respect to the subject of this contract.
* INCREASE IN COSTS. Tour costs quoted are current and are subject to change should there be any increases related to national park fees, governmental fees and taxes, visa fees, or any other circumstance beyond our control. Tour costs quoted are based on the number of guests traveling, month of travel and are contingent on all guests arriving on the same flight. Multiple arrivals, changing the number of guests, month of travel or room configuration may result in a change in price.
* TRAVEL AND MEDICAL DOCUMENTS; AGE RESTRICTIONS. It is the responsibility of the guest to ensure that he/she and the guest's dependents have all the appropriate travel and medical documents, including passports, travel permits, parental travel consent forms, vaccination certificates and the like. It is your responsibility to report on time for all travel arrangements and to ensure that you have all travel tickets and documents. Africa Dream Safaris is not responsible for any additional costs if you fail to do so and, in the case of passengers being refused entry by any immigration or other authority, all repatriation costs are to be borne by the traveler. A Yellow Fever Vaccination Certificate may be required for entry. Please consult with your physician regarding current vaccination requirements. Passports must be valid for at least 6 months past your arrival date and have at least 2 blank pages, clearly marked "Visa" if visiting a single country in Africa (travelers visiting multiple countries may be asked to furnish passports with additional blank pages). Travelers who do not have the required blank pages may be denied boarding at the point of departure. Please check with us for up-to-date passport and visa requirements. Africa Dream Safaris is not responsible for the accuracy of any information it supplies regarding passport and visa requirements. Please also consult with us for the specific age policies at the camps on your itinerary before you book your reservation. Our operators reserve the right to terminate the tour without refund in the event any guest misrepresents their age.
* AGREEMENT TO ARBITRATE. Any controversy or claim arising out of or relating to these Booking Terms and Conditions or the breach thereof will be settled by binding arbitration in accordance with the rules of the Judicial Arbitration Mediation Services (JAMS) in Los Angeles County, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The cost of arbitration shall be borne by the losing party or in such proportions as the arbitrator(s) decides.
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AFRICA DREAM SAFARIS ® - TRAVEL RELEASE This release, waiver of liability, assumption of risk, indemnity and covenant not to sue agreement ("Release") is entered into by and between each of the undersigned individual(s), their minor and adult children (and spouses thereof), and their spouse, heirs, next of kin, executors, administrators, assigns and personal representatives (hereinafter collectively referred to as "Releasor"), and AFRICA DREAM SAFARIS, INC., its parents, subsidiaries, and affiliates and their members, partners, officers, agents and employees (hereinafter collectively referred to as "Releasee").
* PREMISES. Releasor desires and agrees to participate in the planned and unplanned safari activities and trip ("Safari Activities"), to be held during the dates recited on the Safari Booking Application that accompanies this Release.
* RISKS. Releasor fully understands the dangers, hazards and risks inherent and associated with the Safari Activities. Releasor acknowledges and agrees that during the trip, the dangers, hazards and risks of Safari Activities mean those dangerous conditions that may cause injury, damage, loss, accident and delay which are an integral part of Safari Activities (hereinafter referred to as "Risks"), including but not limited to:
- The propensity of any wild animal to behave in ways that may result in injury, harm, or death to Releasor, other persons (related or non-related), animals or objects;
- The inherent danger that wild animals, reptiles, insects and plants pose for persons, other animals and objects;
- The potential for Releasor, other participants and other persons to behave in a negligent manner that may contribute to injury to themselves or others;
- Conveyance in or on any vehicle (open or closed) on roads, in the bush or wild, including any defect in any vehicle or other means of transportation used during the trip;
- The potential for vehicle or other transportation accidents;
- The potential for theft or loss of any personal property;
- The potential for Releasor's air carrier increasing flight prices or changing flight arrival or departure dates and times;
- The potential for losses or expenses due to sickness, weather, labor strikes, terrorists acts, hostilities, wars, natural disasters, or other such causes, resulting in the alteration, delay, extension or cancellation of the Safari Activity;
- Death, injury or illness from accidents of any nature whatsoever, including but not limited to bodily injury of any nature, whether severe or not, temporary or permanent, that may occur as a result of participating in the Safari Activity, including contact with the wild or domesticated animals, physical surroundings, environment, equipment or persons;
- Loss, injury, illness or death as a result of participation in the Safari Activity, including but not limited to loss, death or injury as a result of any natural disaster or event, or extreme weather conditions; and
- Loss or injury, illness or death as a result of a crime or criminal act by third parties, terrorism, war, civil unrest, riot, detention by a foreign government, arrest or other act of government or authority.
* ADDITIONAL RISKS. Releasor acknowledges that the above list is not inclusive of all possible Risks associated with the Safari Activities and that the above list in no way limits the extent or reach of this Release. Releasor voluntarily accepts and fully assumes any and all responsibility for all Risks and possibilities of any and all delay, personal injury, death, damage to property or loss resulting from participation in Safari Activities.
* DANGER INHERENT IN ACTIVITY. Releasor acknowledges and agrees that it is not possible for the Releasee to make the Safari Activities completely safe. Releasor acknowledges and accepts these Risks and agrees to the terms and conditions of this Release, even if Releasee is found to be negligent or in breach of any duty of care or any obligation to Releasor in Releasor's participation in Safari Activities.
* RELEASE AND DISCHARGE. In addition to consideration given to Releasee for Releasor's participation in Safari Activities, Releasor
To release and forever discharge Releasee to the fullest extent permitted by law, from any and all liability for those Risks causing personal injury, death, damage to property, or loss resulting from Releasor's participation in Safari Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonable prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error in judgment of Releasee; and
- To waive any and all claims that Releasor has or may have in the future against the Releasee.
- It is the intention of the parties that the foregoing Release shall be construed in the broadest sense possible and shall be effective as a prohibition to all claims, charges, actions, suits, demands, obligations, damages, injuries, liabilities, losses, and causes of action of every character, nature, kind or description, known or unknown, and suspected or unsuspected that Releasor may have against Releasee.
- Releasor expressly acknowledges that he or she is aware of the existence of California Civil Code S 1542 and its meaning and effect. Releasor, expressly acknowledges that he or she has read and understands the following provision of that section, which provides:
Section 1542. General Release - Claims Extinguished. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Waiver of California Civil Code S 1542. Releasor expressly waives and releases any right to benefits that it may have under California Civil Code S 1542 to the fullest extent it may do so lawfully. Releasor further acknowledges that Releasor may later discover facts different from or in addition to those facts now known to it or believed by them to be true with respect to any or all of the matters covered by this Release, and agrees that this Release nevertheless shall remain in full and complete force and effect.
- Releasor acknowledges and understands that Releasor will be forever barred and prevented from suing or otherwise asserting any claims against Releasor for any loss, damage or personal injury or death that Releasor may sustain while participating in the Safari Activities, whether or not such loss is caused solely or partly by the negligence of Releasee.
- In consideration of Releasor's participation of the Safari Activity, Releasor COVENANTS NOT TO SUE and agrees to INDEMNIFY AND HOLD HARMLESS RELEASEE from any and all actions, claims, demands, losses or costs of any nature whatsoever arising out of or in any way related to Releasor's participation in the Safari Activities, including but not limited to any claim whatsoever that arises or may hereafter arise on account of Releasor's first-aid treatment or other medical services rendered or the lack thereof to Releasor in connection with an emergency or health problem during the Safari Activity.
* NO AGENCY. Releasor understands that Releasee in no way represents, or acts as agent for any third party, any transportation carriers, hotels, and other suppliers of services connected with the Safari Activities during the trip.
* JURISDICTION AND VENUE. Releasor acknowledges and agrees that this Release and all terms contained herein are governed and construed exclusively and for all respects by the laws of the State of California, in the Country of the United States of America, regardless of conflict of law rules and that venue for all intent and purposes shall be Los Angeles County, California, in the Country of the United States of America. Releasor, hereby irrevocably submits to the exclusive jurisdiction of the courts of California, and agrees that no other court can exercise jurisdiction over the terms and conditions as set forth in this Release.
* BINDING ARBITRATION. Releasor agrees that any controversy or claim arising out of or relating to this Release or the breach thereof will be settled by binding arbitration in accordance with the rules of the Judicial Arbitration Mediation Services in Los Angeles County (JAMS), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The cost of arbitration shall be borne by the losing party or in such proportions as the arbitrator(s) decides.
* ATTORNEYS' FEES. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court or arbitrator in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
* INTEGRATION. This Release supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the release, waiver of liability, assumption of risk, indemnity and covenant not to sue agreement and contains all of the terms and conditions between the parties with respect to the release, waiver of liability, assumption of risk, indemnity and covenant not to sue agreement whatsoever. Each party to this Release acknowledges that no representation, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this agreement shall be valid or binding on either party.
* MODIFICATION AND WAIVER. Any modification of this Release will be effective only if it is in writing and signed by the party to be charged. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
* VALIDITY OF TERMS. If any provision in this Release is held by a California court of competent jurisdiction, applying California law to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
* REVIEW. Releasor acknowledges that they have been provided the opportunity to review this Release with independent counsel of their own choosing. This Release shall be construed fairly as to all parties and not in favor of or against any of the parties, regardless of which party actually prepared this Release. The parties agree that California Civil Code S 1654 will not apply in the event of any uncertainty with respect to the construction of the language of this Release.
* ENGLISH LANGUAGE. This Release is in the English language only, which language shall be controlling in all respects. All communications made or given pursuant to this Agreement must be in the English language.
* ACKNOWLEDGEMENT. In signing this Release, Releasor acknowledges and represents that Releasor has been fully informed of the content of the foregoing release, waiver of liability, assumption of risk, indemnity and covenant not to sue agreement by reading it before Releasor has signed it. Releasor further represents that Releasor is at least eighteen (18) years of age and fully competent to sign this Release.