Booking Terms & Conditions
SAFARI BOOKING APPLICATION
Thank you for your interest in booking a safari with Africa Dream Safaris®.
PLEASE READ THE ACCOMPANYING BOOKING TERMS AND CONDITIONS, TRAVEL INSURANCE ACKNOWLEDGEMENT FORM, MEDICAL QUESTIONNAIRE AND RELEASE AND TRAVEL RELEASE CAREFULLY BEFORE SIGNING THIS SAFARI BOOKING APPLICATION, AS YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THOSE FORMS AS A CONDITION OF SUBMITTING THIS SAFARI BOOKING APPLICATION. CAPITALIZED TERMS USED BUT NOT OTHERWISE DEFINED HEREIN HAVE THE MEANINGS GIVEN TO THEM IN THE ACCOMPANYING FORMS.
Each Person in your group eighteen (18) years of age or older must complete and return a signed copy of these forms (multiple signatures on a single form is also acceptable), along with a $500 per Person (including minors) non-refundable deposit, before we can provide a confirmed reservation for you or your group.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND ACCEPT THE ACCOMPANYING BOOKING TERMS AND CONDITIONS. I UNDERSTAND AND ACKNOWLEDGE THAT I MUST ALSO SIGN AND RETURN TO AFRICA DREAM SAFARIS A COMPLETED SAFARI TOUR DEPOSIT, TRAVEL INSURANCE ACKNOWLEDGEMENT FORM, MEDICAL QUESTIONNAIRE AND RELEASE AND TRAVEL RELEASE BEFORE AFRICA DREAM SAFARIS CAN CONFIRM MY RESERVATION.
SAFARI TOUR DEPOSIT
Please sign and complete this form and the Safari Booking Application (above) to authorize Africa Dream Safaris® to charge your trip deposit and any supplemental charges to your credit card on file. Please read our Booking Terms and Conditions, Medical Questionnaire and Release, Travel Insurance Acknowledgement Form and Travel Release before signing.
I, the undersigned, acknowledge I have read and accept Africa Dream Safaris' Booking Terms and Conditions, including its cancellation and refund policy. I authorize Africa Dream Safaris® to charge my credit card $500 for my Trip deposit and any supplemental charges I and the members of my group incur.
BOOKING TERMS & CONDITIONS
You should consider the following definitions used in these Booking Terms and Conditions and Travel Insurance Acknowledgement Form, Medical Questionnaire and Release and Travel Release synonymous:
"Africa Dream Safaris," "ADS," "us," "our" and "we" refer to Africa Dream Safaris, Inc., a corporation registered and authorized to do business in the State of California, CST#2071193.
"Guest," "Traveler," "Participant," "Member," "Person," "Guest" and "you" refer to you, the undersigned individual and to the other adults and minors in your party.
"Safari," "Tour," and "Trip" refer to your travel arrangements with Africa Dream Safaris.
AGREEMENT TO 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 THE MINOR CHILDREN IN YOUR GROUP. EACH ADULT MEMBER IN YOUR GROUP MUST SIGN THE BOOKING APPLICATION, MEDICAL QUESTIONNAIRE AND RELEASE AND TRAVEL RELEASE, AND INITIAL EACH PAGE OF THIS DOCUMENT.
RESERVATIONS AND PAYMENTS
In addition to submitting a signed, completed Safari Booking Application and Safari Tour Deposit, you must submit a non-refundable $500 deposit per Participant in your group, along with a completed and signed Travel Release, Medical Emergency Release and Travel Insurance Acknowledgement Form before we can confirm your reservation. Upon receipt of the required deposit and forms, and subject to availability, we will reserve your place on your selected Safari. If any accommodation is not available, we will substitute a comparable property or adjust the itinerary 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 Participant deposit, with the balance of the Safari price to be paid by personal check, cashier's check or wire transfer. If there exist any unpaid supplemental costs on your account, you authorize us to use the credit card on file and provided on the Safari Tour Deposit Form to cover those charges. All Tour prices must be paid in U.S. Dollars. ADS reserves the right to cancel tours if not timely paid in full by the required deadlines.
CANCELLATION AND REFUND POLICY
Cancellations are only effective upon ADS' actual receipt of written notification signed by the Primary Guest. Because we have limited capacity for each Tour, and to be fair to our other guests, cancellations received by ADS 90 days or more before departure are subject to a $500 per person cancellation penalty; i.e., we will retain your nonrefundable Trip Deposit(s). Cancellations received 89-61 days before departure are subject to a cancellation penalty of 50% of the total Trip price. Cancellations received 60 days or less before departure are subject to a cancellation penalty of 100% of the total Trip price. No refund is available should you fail to join a Tour, join it after departure or leave it before its completion. Some or all airfare may be non-refundable. There are 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.
A fundamental condition of booking is that each guest is solely responsible to ensure that he/she carries the appropriate comprehensive travel and medical insurance for themselves, dependents and traveling companions, during their Trip. This insurance should include, at minimum, coverage for: cancellation or curtailment of the Safari and any associated air travel, emergency evacuation expenses, medical expenses, repatriation expenses and damage, theft or loss of personal property. We recommend you consult with your insurance provider to identify any additional coverage available to you, along with any limitations and exclusions to the coverage. ADS is not responsible for any losses or costs incurred or suffered by any guest, or the guest's dependents or traveling companions, concerning, but not limited to, any of the above-mentioned events. The 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 appropriate insurance coverage.
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 our Tours. Travel to, from and participation on a Tour 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 we 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 each guest. ADS is not responsible for the accuracy of any medical information you supply us or that we supply to health care providers on your behalf. Consult your doctor for up to date requirements and personal recommendations well before embarking on your Tour.
BY SUBMITTING THE TOUR DEPOSIT AND ACCOMPANYING FORMS TO ADS, 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 AND AGREES TO INDEMNIFY ADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS AND AGENTS FOR ALL CLAIMS AND EXPENSES STEMMING FROM PHYSICAL OR MEDICAL LIMITATIONS OR EMERGENCIES THAT ARISE DURING OR AS A RESULT OF MY TRAVEL TO, FROM AND PARTICIPATION IN THE TOUR. ADS WILL DECLINE TO PERMIT A GUEST TO PARTICIPATE IN A TOUR OR PROVIDE ANY REFUND FOR TOUR FEES IN THE ABSENCE OF A SIGNED TRAVEL RELEASE AND MEDICAL QUESTIONNAIRE AND RELEASE.
Your medical insurance may not have coverage outside your country of origin and that your travel insurance may include exclusions for pre-existing medical conditions. We strongly encourage you to read and understand your insurance policies well before embarking on your Tour. YOU ARE RESPONSIBLE FOR ADVISING US OF ANY MATERIAL CHANGES TO YOUR HEALTH OR MEDICAL CONDITION UP TO AND THROUGHOUT THE TOUR.
LIMITATION OF LIABILITY
IN NO EVENT WILL ADS OR ANY OF ITS SUBCONTRACTORS BE LIABLE TO THE TRAVELERS FOR ANY DAMAGES ARISING OUT OF THE TRIP. ADS' AND ITS SUBCONTRACTORS' MAXIMUM AGGREGATE LIABILITY TO A TRAVELER UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT THE TRAVELER PAID FOR THE TRIP.
AIRFARES AND DELAYS
Airfares are subject to change without notice before ticketing. ADS is not responsible for any airline schedule or airfare changes, cancellations, overbooking or damage or loss of personal property. You must make all claims for any loss or injury suffered on any airline directly with the airline. Remember that airline schedule changes may necessitate reserving additional nights on your Tour. These schedule changes are beyond the control of ADS and any resulting additional costs are the sole responsibility of each guest. ADS is not liable for any delays or additional costs incurred because of airlines not running on schedule, including flight cancellations.
ACCURACY OF INFORMATION
You are responsible for the accuracy of all information concerning and risks associated with 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 well before your departure. ADS is not responsible for loss, damage or injury arising from any shortfall, error or omission in the information passed to or from the customer during the sale or subsequent delivery of the Tour product or services.
Although every effort is made to adhere to your Tour, routes, lodges and camps may occasionally 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. ADS 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, or the like, the guest is solely responsible for all and any expenses arising from that change. These additional expenses must be paid by the guest directly in Tanzania or interim destinations.
SPECIFIC ACCOMMODATIONS AND GUIDES
While our operators endeavor to ensure that all reserved accommodations are available as planned, ADS is not responsible for a refund, either in the whole or in part, if any accommodation or amenity is unavailable and we can provide a reasonable alternative. ADS cannot guarantee specific individuals will be assigned as a guest's driver-guide.
You may be in close proximity or contact with wild animals. Attacks by wild animals are rare, but we cannot guarantee your safety. Many safari lodges and camps are not fenced and 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 Tour. ADS is not responsible for any injury or incident on the Tour. We cannot guarantee sightings of specific species or quantities of wildlife.
GUEST REPRESENTATION AND CONSENT
The Primary Guest booking with ADS represents and warrants he or she has authority to enter into a contract on behalf of all other Travelers in the reservation and in the event of the failure of any members of the guest's group to make payment. The Primary Traveler, by signing the Safari Booking Application, agrees to be personally liable 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 a detailed in Section 2.0. 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 Booking Terms and Conditions herein, whether or not the guest signs the Safari Booking Application.
The Primary Guest may not assign the Safari Booking Application or Safari Tour Deposit to any other person without the prior written consent of ADS.
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 severed from these Booking Terms and Conditions.
The validity of these Booking Terms and Conditions and of any of its provisions, and the rights and duties of the parties under this contract, will be construed under and under the laws of the State of California.
INCREASE IN COSTS
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 cause an increase in costs.
TRAVEL AND MEDICAL DOCUMENTS; AGE RESTRICTIONS
It is the responsibility of each 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. It is your responsibility to report on time for all travel arrangements and to ensure that you have all travel tickets and documents. ADS is not responsible for any additional costs if you fail to do so and, if passengers are refused exit or entry by any immigration or other authority, all cancellation or 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 vaccination requirements for each country on your Tour.
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 (Travelers visiting multiple countries may be asked to furnish passports with additional blank pages). Travelers without the required blank pages may be denied boarding at the point of departure. Please consult us for passport and visa requirements. ADS is not responsible for the accuracy of any information it supplies regarding passport and visa requirements. Please 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.
ELECTRONIC VISA APPLICATION SYSTEM
Many countries in Africa including Tanzania, Rwanda, Uganda and Kenya have instituted an Electronic Visa Application System, which require all travelers to purchase their visas directly online prior to arrival. There will not be the ability to purchase a visa upon arrival and international air carriers will be checking that you have your visa prior to boarding your plane. Travelers who do not have the visa may be denied boarding at the point of departure.
REQUIREMENTS FOR CHILDREN UNDER AGE 18
Additional documentation may be required for children under the age of 18. These documents may include: a notarized parental consent form approving the minor to travel (jointly signed by parents or legal guardians), a copy of the parents' passports and an official birth certificate for children traveling alone, with one parent, or in a situation where the child's last name does not match the accompanying parents. Please visit each country's website for the most up-to-date requirements as you may be denied boarding at your point of departure if you do not have the required documentation.
AGREEMENT TO PARTICIPATE IN BINDING ARBITRATION
Any controversy or claim arising out of or relating to these Booking Terms and Conditions or the breach thereof will be settled by confidential binding arbitration in Los Angeles County, California. Except to the extent otherwise provided in this Section 18.0, the arbitration proceeding shall be conducted under the Consumer Arbitration Rules of the American Arbitration Association (AAA). The parties agree that the arbitration shall be conducted by a single arbitrator who shall be an attorney with at least five (5) years of experience arbitrating consumer disputes. The decision of the arbitrator shall be in writing and shall explain all his or her conclusions of law and fact. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Neither party may challenge the finality of the arbitral award on appeal or otherwise, including because the arbitrator has exceeded the scope of her or his powers in ruling on the arbitral award. The cost of arbitration shall be borne by the losing party or in such proportions as the arbitrator decides.
These Booking Terms and Conditions supersede any prior and all other agreements, either oral or in writing, between the parties with respect to the subject of this contract. This contract contains all 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.
This release, waiver of liability, assumption of risk, indemnity and covenant not to sue agreement ("Travel 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 (colleTractively called "Releasor"), and Africa Dream Safaris, Inc., its parents, subsidiaries, and affiliates and their members, partners, officers, directors, agents, subcontractors and employees (collectively called "Releasee").
AGREEMENT TO TRAVEL RELEASE
BY SIGNING THIS TRAVEL RELEASE AND PROVIDING YOUR INITIALS BELOW, YOU ARE INDICATING YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS, BOTH PERSONALLY AND ON BEHALF OF THE MINOR CHILDREN IN YOUR GROUP. EACH ADULT MEMBER IN YOUR GROUP MUST SIGN THE BOOKING APPLICATION, MEDICAL QUESTIONNAIRE AND RELEASE AND TRAVEL RELEASE, AND INITIAL EACH PAGE OF THIS DOCUMENT.
Releasor desires and agrees to participate in the Trip and planned and unplanned safari activities ("Safari Activities"), to be held during the dates recited on the Safari Tour Deposit that accompanies this Travel Release.
1. Releasor 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 ("Risks"), including but not limited to:
- The propensity of any wild animal to behave in ways that may cause injury, harm, or death to Releasor, other persons (related or non-related), animals or personal property;
- The inherent danger that wild animals, reptiles, insects and plants pose to persons, other animals and personal property;
- The potential for Releasor, other participants and other persons to behave in a negligent manner that may injure 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, terrorist 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, including but not limited to personal 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.
Releasor acknowledges that the above list is not exhaustive or inclusive of all possible Risks associated with the Safari Activities and that the above list does not limit the extent or reach of this Travel Release. Releasor voluntarily accepts and assumes any and all responsibility for all Risks and possibilities of delays, personal injury, death, damage to personal property or loss resulting from participation in the 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 Travel Release, even if Releasee is negligent or in breach of any duty of care or any obligation to Releasor in Releasor's participation in the Safari Activities.
RELEASE AND DISCHARGE
In addition to consideration given to Releasee for Releasor's participation in the Safari Activities, Releasor agrees:
- To release and forever discharge Releasee, to the fullest extent permitted by law, from any liability for those Risks causing personal injury, death, damage to property, or loss resulting from Releasor's participation in the Safari Activities, 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 claims that Releasor has or may have against the Releasee.
- It is the intention of the parties that the foregoing Travel 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.
- The parties agree that the release and discharge in this Travel Release acts as a release for any claims that may arise from the Risks or Safari Activities whether such claims are known, unknown, foreseen, or unforeseen, liquidate or unliquidated, choate or inchoate, notwithstanding Section 1542 of the California Civil Code of Procedure, which provides: 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. Releasor expressly acknowledges that he or she has read and understands the significance and consequence of such specific waiver of Section 1542 and hereby assumes full responsibility for any injuries, damages, losses or liability that may incur from the Risks or Safari Activities. 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 matters covered by this Travel Release, and agrees this Travel 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 in the Safari Activities, Releasor COVENANTS NOT TO SUE and agrees to INDEMNIFY AND HOLD HARMLESS RELEASEE from any actions, claims, demands, losses or costs of any nature arising out of or related to Releasor's participation in the Safari Activities, including but not limited to any claim 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 Activities.
- NO AGENCY Releasor understands that Releasee in no way represents, or acts as agent, for any third party, transportation carrier, hotel, or other suppliers of services provided with the Safari Activities.
- JURISDICTION AND VENUE Releasor acknowledges and agrees this Travel 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, irrevocably submits to the exclusive jurisdiction of the courts of the State of California and agrees that no other court can exercise jurisdiction over the validity of the terms and conditions as set forth in this Travel Release.
- BINDING ARBITRATION Releasor agrees that any controversy or claim arising out of or relating to this Travel Release or the breach thereof will be settled by confidential binding arbitration in Los Angeles County, California. Except to the extent otherwise provided in this Section 8.0, the arbitration proceeding shall be conducted under the Consumer Arbitration Rules of the American Arbitration Association (AAA). The parties agree that the arbitration shall be conducted by a single arbitrator who shall be an attorney with at least five (5) years of experience arbitrating consumer disputes. The decision of the arbitrator shall be in writing and shall explain his or her conclusions of law and fact. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Neither party may challenge the finality of the arbitral award on appeal or otherwise, including on the basis that the arbitrator has exceeded the scope of her powers in ruling on the arbitral award. The cost of arbitration shall be borne by the losing party or in such proportions as the arbitrator decides.
- ATTORNEYS' FEES If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret this Travel Release, 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 the prevailing party may be entitled.
- INTEGRATION This Travel Release supersedes any other agreements, either oral or in writing, between the parties 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. Each party to this Travel 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 Travel Release shall be valid or binding on either party.
- MODIFICATION AND WAIVER Any modification of this Travel Release will be effective only if it is in writing and signed by Africa Dream Safaris. The failure of either party to insist on strict compliance with the terms, covenants, or conditions of this Travel Release 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 Travel Release is held by a court of competent jurisdiction in the State of California, applying California law, to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated.
- REVIEW Releasor acknowledges that they have been provided the opportunity to review this Travel Release with independent counsel of their own choosing. This Travel Release shall be construed fairly as to all parties and not in favor of or against any one party, regardless of which party actually prepared this Travel Release. The parties agree that California Civil Code § 1654 will not apply if any uncertainty occurs regarding the construction of the language of this Travel Release.
- ENGLISH LANGUAGE This Travel Release is in the English language, which language shall be controlling. All communications made or given under this Travel Release must be in the English language.
- ACKNOWLEDGEMENT In signing this Travel Release, Releasor acknowledges and represents that Releasor has been informed of the content of the foregoing release, the Booking Terms and Conditions, waiver of liability, assumption of risk, indemnity and covenant not to sue agreement by reading those documents before Releasor signs below. Releasor further represents that Releasor is at least eighteen (18) years of age and competent to sign this Travel Release.
TRAVEL INSURANCE ACKNOWLEDGEMENT
Your upcoming Trip is a significant investment and we are pleased that your chose Africa Dream Safaris® as your guide to the experience of a lifetime. We use this opportunity to remind you that a safari involves risks, including those detailed in Africa Dream Safaris' Booking Terms and Conditions, Travel Release and Medical Questionnaire and Release. Africa Dream Safaris urges its guests to purchase a comprehensive travel insurance plan valid for the entire duration of their Trip. This insurance should cover you for events such as trip& cancellation, delay or interruption, lost or delayed baggage, emergency, accident, illness and evacuation, 24-hour medical assistance, and traveler's assistance.
To address those risks, we recommend the travel insurance product developed specifically for and in conjunction with Africa Dream Safaris by Travel Guard Insurance. Travel Guard's Africa Dream Safaris Travel Protection Plan offers an affordable, broad package of benefits and services to help you enjoy your Trip. You can add this valuable coverage up until your final Trip payment. To review the coverage and pricing, please access the following website: travelguard.com/africadreamsafaris.
Travel Guard bases the total premium for the policy on total per person trip price, including airfares. You may purchase a policy by either calling Travel Guard at 1-877-862-0394, or from www.travelguard.com/africadreamsafaris.
You must return this completed form to Africa Dream Safaris before you make your final trip payment. A completed Travel Insurance Acknowledgment Form is a condition of travel. Please be aware that many insurance plans provide extra coverage when the travel insurance is purchased within **15 days** of making the initial trip payment. Please read the Travel Guard brochure / application, or access information via the website www.travelguard.com/africadreamsafaris, for a complete description of the plan's benefits, limitations and assistance services.
Please check one of the following:
- ____ I read the brochure / application and purchased a Travel Guard Comprehensive Tour Protection plan. I include the policy number below so you may confirm my/our coverage.
- ____ I purchased a comprehensive tour protection plan from another insurance company and include details below so you may confirm my/our coverage.
- ____Comprehensive travel insurance relative to my forthcoming Trip was explained and recommended; however, I decline to purchase such insurance. I, the undersigned, accept and assume full responsibility for, and will not hold Africa Dream Safaris responsible and agree to indemnify Africa Dream Safaris, for any loss or expense incurred that would have been covered by the recommended travel insurance.
MEDICAL QUESTIONAIRE & RELEASE
This Medical Questionnaire and Release, with the Africa Dream Safaris® (ADS) Safari Booking Application, Booking Terms and Conditions, Travel Release and Travel Insurance Acknowledgment Forms, must be signed and returned to ADS as a condition of your booking a Tour and participating in ADS activities. You should make arrangements with a responsible person accompanying you on your Trip to have a copy of this form available in the event of a medical emergency.
TO BE COMPLETED BY ALL TRAVELERS: Each Traveler must complete this Medical Questionnaire and Release. The parent or legal guardian of any minors in your group must also provide this information for the minors.
WHILE WE WILL ENDEAVOR TO ACCOMMODATE YOUR DIETARY AND OTHER RESTRICTIONS, YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR OWN DIET, HEALTH AND SAFETY.
*Please provide the following information:
- Dietary Restrictions
- Pre-Existing Conditions
- Mobility Restrictions
- Other Relevant Health Information
*You must also provide this information for the minor(s) in your group for whom you are the parent or legal guardian. You are also responsible for advising us of any changes to the above information.
I acknowledge Africa Dream Safaris® Tours may take place where there is limited access to healthcare professionals and facilities. In the event of a medical emergency, I (and any minor(s) in my group) may be transported to the closest healthcare facility or evacuated by ambulance or air transport to a larger hospital (potentially at significant cost), at the discretion of the medical professional on site, if there is one.
FITNESS TO TRAVEL
I acknowledge and agree travelers who are not fit for long trips for any reason, including mobility issues, disability, heart or other health conditions, are advised not to join the Tour, and that ADS reserves the right to revoke my (or any Traveler in my group) right to participate in the Tour if, in ADS' or its subcontractor/agent's reasonable discretion, my (or other Travelers') health may be at risk. I understand any such revocation may cause me to incur significant monetary penalties, including the loss of deposits and cancellation charges, that may not be covered by my travel insurance. I agree to carefully review my travel policy limits and exclusions.
ASSUMPTION OF RISKS AND RELEASE
While ADS never expects an emergency, I acknowledge and understand the Risks detailed in Section 2.0 et seq. of the Travel Release. I EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS ON MY BEHALF AND ON BEHALF OF ANY MINORS FOR WHICH I AM THE PARENT OR LEGAL GUARDIAN, AND I EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD AFRICA DREAM SAFARIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS AND AGENTS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER THAT I AND THE MINORS FOR WHICH I AM THE PARENT OR LEGAL GUARDIAN NOW HAVE OR THAT MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH OUR TRIP OR PARTICIPATION IN ANY TOUR AND RELATED ACTIVITIES. I FURTHER AGREE TO INDEMNIFY ADS AND ITS SUBCONTRACTORS FOR ANY COSTS OR CLAIMS ARISING FROM MY AND MY FAMILY'S PARTICIPATION IN THE TOUR AND ADS ACTIVITIES.
If I am unable to authorize my own medical attention and treatment, I authorize Africa Dream Safaris or its subcontractors to seek medical attention and treatment on my behalf. I agree to hold harmless and release ADS from any liability for such medical attention and treatment. I acknowledge neither ADS nor its subcontractors assume any liability arising from the provision of medical care or evacuation services, and that members of ADS' staff or subcontractors who may provide or seek emergency medical care on my behalf may not have had formal medical or first aid training and are acting only as a good Samaritan.
AUTHORIZATION FOR TREATMENT OF MINOR
If any minor(s) who are part of my Trip require consent from a parent or legal guardian for medical treatment, I, the undersigned, understand and acknowledge that reasonable efforts will be made to contact the parents or legal guardian of the minor(s) if an emergency occurs, and, if feasible, before any medical treatment is administered or transport/evacuation requested. In the event of an emergency or if the parents or legal guardian cannot be reached promptly, I give (and represent I have the right to give) ADS and its subcontractors permission to secure treatment and transportation for the minor(s); to include selection of physicians and the medical treatment facility.
ADULT TRAVELER SIGNATURE
I declare the answers to the questions on this Medical Questionnaire and Release are true and correct. I consent to providing this information to Africa Dream Safaris, its officers, directors, employees, subcontractors and agents, who I understand ADS will instruct to use reasonable efforts to maintain the information in confidence.
IN WITNESS WHEREOF, I execute this Medical Questionnaire and Release on behalf of myself and for any minors participating in the Trip for whom I am a parent or legal guardian.