GENERAL TERMS AND CONDITIONS FOR PHOTOGRAPHERS ON SAFARI
1.RESERVATIONS AND PAYMENTS
1.1 Reservations involving accommodation can be made by forwarding a signed and completed booking form, together with a non-refundable deposit of 15% of the gross cost of your booking. This payment is to be made to Photographers On Safari [hereafter called the Company] and is to be sent to West End Studios, 55 Stapleford Road, Whissendine, Oakham, Rutland, LE15 7HF. When a booking is made less than eighty (80) days prior to departure full payment is required. The person signing the booking form does so on behalf of all individuals included on it, such that they are all bound by the booking conditions set out here.
1.3 Certain packages can be booked and confirmed only on receipt of a 25% advance payment of the basic package rate (there are, however, some exceptions of suppliers and operators who require a deposit of up to 50%). This advance payment is due within fourteen (14) days of confirming the arrangements. Failure to remit your advance payment on time will result in an automatic change of status of any confirmed space to a provisional basis and the possible inability to reinstate your reservation. When the Company receives your advance payment, a booking reference number will be assigned and noted on your original invoice. A booking receipt will be issued and this will constitute acceptance and confirmation of the booking. There shall be no binding contract until you are in receipt of this confirmation, which will be subject to 1.4 below.
1.4 A number of our packages require a certain number of clients to be viable. The Company reserves the right to cancel any package and refund all monies paid in full and without penalty should that package not be deemed viable. The Company also reserves the right to amend the advertised cost of a package should that cost have been erroneously advertised. The client may in this case cancel the booking and all monies paid will be refunded in full.
1.5 If the Company is NOT making your complete travel arrangements for you, it will be necessary to furnish us with a copy of the CONFIRMATION OF YOUR TRANSPORTATION ARRANGEMENTS before we confirm our portion of your travel plans. The Company cannot be liable for any penalties or losses incurred as a result of voluntary or involuntary changes to transportation schedules.
1.6 The balance is due no later than eighty (80) days prior to commencement of the package. If the balance has not been received by that date, the Company shall be entitled, at its discretion, to treat your reservation as cancelled, and consequently to forfeit such part of the advance payment as determined solely by the Company.
1.7 Any reservation made within eighty (80) days of commencement of a package may be accepted provided space is available, payment in full is received, and provided that documents can be delivered prior to departure.
1.8 The Company will not provide tickets, coupons, vouchers or documents until full payment has been received. Upon receipt of any confirmation or tickets, it is your responsibility to check all details are correct. Contact the Company immediately if any information on any ticket or document appears to be incomplete or incorrect as it may not be possible to make changes later. When the Company acts as an agent, the Company will have no responsibility for any errors in documentation except where the Company made those errors.
1.9 The Company will not accept responsibility for wire transfer , credit card, or overnight mail charges.
1.10 No client will be permitted into the field without payment in full being received by the Company.
1.11 Special airfares are capacity controlled and often sold out months in advance. In addition, many accommodations offered by the Company have limited capacity. It is essential to make reservations well in advance to ensure your preferred arrangements. The cost of the airfare within a late-booked package may increase. In this situation you will be notified of any increase prior to the company accepting your booking.
2. CANCELLATIONS AND REFUNDS
2.1 Any cancellation of a booking must be in writing and shall only be effective upon its acknowledged receipt by the Company. If written notification is received prior to 90 days before departure, your deposit is forfeited. If notification is received after 90 days but before 45 days before departure, then 50% of the package price is due to the Company. If notification is received after 45 days before departure, then 100% of the package cost is due to the Company. However, should the Company be committed to and unable to cancel both flights and accommodation, then the client will reimburse the Company all monies not recoverable. For the avoidance of doubt all cancellation requests are to be sent by recorded delivery.
2.2 If you are a "no show," the Company shall be entitled to treat your reservation as cancelled without having given the Company any notice, and the provisions of Paragraph 2.1 shall apply. (Please note that if the reason for cancellation falls within the terms of any holiday insurance policy held by you, then any such charges will normally be refunded by the insurance company, subject to the terms of the insurance).
2.3 Any request to amend or change a booking once it has been confirmed may be accommodated subject to space availability. If the Company is able to assist, an administrative fee of £50 per change will be assessed. These fees will be added to your final invoice.
2.4 No refunds are given:
(1) for lost travel time or substitution of facilities,
(2) for itineraries amended after commencement or departure,
(3) for circumstances arising beyond the Company's control, necessitating alternative arrangements being made to ensure the safety and/or further participation and enjoyment of your program,
(4) if you do not appear for any accommodation, service, sightseeing or trip segment without notifying the Company,
(5) if you leave your program after it has begun, or miss any scheduled sightseeing, activities, meals or accommodations,
(6) if you suffer loss of services or inconvenience as a result of travelling without the correct documentation, including passports, visas and inoculation certificates.
2.5 Should the weather or unforeseen circumstances dictate that the Company is unable to run a scheduled workshop, then the Company will either offer an alternative workshop or refund the purchase price less any unrecoverable expenses incurred by the Company. The Company will not be held liable for any further costs incurred by a customer in connection with that workshop, and strongly recommend that private insurance is taken to cover any additional costs (accommodation, flights, travel, loss of earnings etc).
2.6 All workshops, tours & safaris are not weather dependant, and will continue during inclement weather either in their original or in a redesigned format. Persons attending the Company's workshops, tours & safaris must be prepared for adverse weather conditions. However should sea conditions dictate that it is unsafe for a boat to leave the harbour for the Farne Islands or Bass Rock workshops, then a full refund of the cost of the workshop will be given. The skipper's decision is final and will not be contested.
2.7 The Company cannot be held responsible for the absence or "no show" of certain animals or birds detailed in it's workshops, tours & safaris. The Company reserves the right to amend programs or itineraries as it deems necessary, should this situation arise.
2.8
3. FOR YOUR INFORMATION
3.1 The Company acts as booking agent for hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services abroad. Each of these companies is an independent corporation with its own management and is not subject to the control of the Company, including, but not limited to, various overseas ground operators.
3.2 All bookings as described above are accepted by the Company as agent for independent overseas ground operators. The transportation, accommodations and other services provided by the ground operators are offered subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers. Because the Company does not have the right to control the operations of the independent operators and their suppliers, IT CANNOT BE LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE which may arise out of these services. The Company reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any program any person at any time, and to pass on to program members any expenditure incurred by delays or events beyond its control. In case of any appreciable variation in its cost, the Company reserves the right to adjust its rates.
4. RISKS
4.1 The Company draws your attention to the fact that there are certain inherent risks involved in participating in some of the packages sold by the Company. The Company will ask you to sign a Release to acknowledge this warning and also to release and hold harmless the Company from any damages that may result.
4.2 It is your sole responsibility to take all appropriate medical advice prior to departure as to whether or not you are fit enough to undertake the trip booked. The Company shall not be liable for illness, injury or death sustained on a package sold by the Company which is not due to the gross negligence of the Company, its officers, employees, authorised representatives or agents whomsoever.
5. FORCE MAJEURE
5.1 "Force Majeure" means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance, or requisition, sickness, quarantine, government intervention, weather conditions or other unexpected occurrences).
5.2 If the Company is affected by Force Majeure it shall forthwith notify you of the nature and extent thereof.
5.3 The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
5.4 If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by the Company to you as a result of the non-performance of any of the Company's obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavours to reimburse you where possible. However, the Company shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Company of the Force Majeure.
5.5 Regarding civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in the Company's sole and absolute discretion whether to proceed with the trip. You may in such circumstances cancel the trip. However, if, after having made all reasonable and proper inquiries, the Company is of the opinion that the trip may proceed, no refund will be payable to you and the provisions of Paragraph 2 shall apply.
6. INSURANCE
6.1 The Company strongly recommends that clients obtain the following types of insurance, which are commercially available: Accidental death and disability, Emergency medical evacuation, Trip cancellation and curtailment, Medical expenses and Loss of personal effects. It is mandatory that all the Company's clients have adequate travel insurance. Please note that many single trip policies will not include cancellation coverage when the policy is purchased more than 14 days after the original flight or holiday booking. Payments made for flights are often non-refundable. Any claims concerning matters for which you are insured must be directed to your insurers
7. SURCHARGES & EXCHANGE RATES
7.1 The Company cannot be held liable when, through circumstances beyond our control, a third party supplier imposes a price increase on their product/s after the client has paid any monies toward such services. However, the Company shall act in the interests of the client to try to ensure any such surcharge be not applicable to the client, or that the client be given the option of cancelling the arrangement without penalty or prejudice to the client or the Company. It should be noted that such situations are extremely rare.
7.2 Although it is the Company's policy to calculate package costs at prices which include any increase planned by hoteliers, transport companies and other suppliers known at the time, the Company reserves the right to impose surcharges once you have booked your package, but no surcharges will be imposed within 30 days of departure [or within whatever period the government deem]. Surcharges will only be applied for variations in
a) Transport costs including the cost of fuel
b) Dues, taxes or fees chargeable for services such as landing taxes or embarkation and disembarkation fees at ports or airports
c) The exchange rates applied to the booking.
Price increases and surcharges will be calculated according to the full extra costs and current exchange rate compared to the costs obtained when the package was produced and the exchange rates at that time. The company will however absorb the first 2% of any increase and also 100% of any increase that becomes apparent in the last 30 days prior to departure. In exchange for this financial risk, no refund will be made in respect of change in package costs or exchange rates that are favourable to the company.
8. TERMS AND CONDITIONS
8.1 These terms and conditions govern the relationship between the Company and you, to the total exclusion of any other terms and conditions. No alteration to the terms and conditions may be made by any of the Company employees, authorised representatives or agents, unless in writing by an authorised officer of the Company.
8.2 Your contract with the Company, and any matters arising from it, shall be exclusively subject to the exclusive jurisdiction of the Courts of England and Wales.
9. CARRIAGE BY LAND. SEA AND AIR
9.1 Carriage by Land, Sea and Air is subject to the terms and conditions of the carrier with whom you travel and to international conventions, some of which may limit liability. Land, Sea and Air travel are also subject to operational decisions of carriers and air and sea ports which may result in cancellations, delays or diversions, over which the Company has no control and for which the Company accepts no liability whatsoever.
9.2 The passenger contract in use by the airline carriers concerned, when issued, shall constitute the sole contract between the transportation companies and the purchaser of these programs and/or the passengers.
10.3 CHARTER FLIGHTS
10.3.1 Charter flights booked with specific departure times are strictly adhered to, and a "no shows" will be charged in full. Incoming passengers coming off private or scheduled flights arriving 30 minutes or more after scheduled arrival times will be treated as "no shows" and charged accordingly.
10.3.2 On charter flights in small aircraft it is an expressed condition that passengers' luggage is limited to 12- 15kg. Only soft hold-all type bags will be permitted.
11. BAGGAGE + ALL PERSONAL ITEMS (including money, jewellery & photographic equipment).
11.1 Temporary or permanent loss of baggage is the responsibility of you or the carrier.
11.2 All items of a personal nature are solely at your own risk, and no liability whatsoever will be accepted by the Company regarding baggage, personal items or equipment.
12. TRAVEL DOCUMENTS, VISAS AND VACCINATIONS
It is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, international driving license, or other documentation required for the trip are obtained and are in order. It is your responsibility to meet any additional costs incurred either by yourself (or by the Company on your behalf) as a result of any failure by you to comply with such requirements. The Company may offer advice on such matters, but the onus is on the client to fully acquaint themselves with any necessary visa and inoculation requirements. The Company may not be held liable for any failure on the part of a client to be in possession of the correct travel documentation. All British nationals must hold a full 10-year passport with at least 6 months validity remaining.
13. SPECIAL REQUESTS
You must advise the Company in writing of any special requests; e.g. diet, facility or physical handicap, when you submit your reservation request to the Company. The Company will endeavour to meet such requests where possible.
14. INFORMATION IN THE TRAVEL PROPOSALS
All information given in the Company's travel proposals is, to the best of the Company's knowledge, correct at the time of going to print but the Company reserves the right to change the same. The information provided in these travel proposals convey typical scenes experienced and details on each destination; but the subject matter may not necessarily be experienced in the exact detail thereof while visiting that destination.
15. DISPUTES
If you have any cause for complaint while travelling, you must immediately bring it to the attention of the Company's representative. The Company will do its` utmost to rectify any genuine complaint as soon as it arises. If, despite best efforts, your complaint cannot be amicably rectified then any complaint must be received in writing by the Company within 30 days of your scheduled day of return.
16. CONSENT
The payment of the advance payment, or any other partial payment for a reservation on a package, constitutes consent to all provisions of the conditions and general information contained in the Company's Internet Pages, Brochures, Invoice and Travel Documents. The terms under which you agree to take these safaris cannot be changed or amended except in writing signed by an authorised officer of the Company.
17. CONDITION OF BOOKING
17.1 You shall comply with the instructions of the Company's representatives at all times. Any act committed, or risk taken contrary to that advised by a representative of the Company is done purely at the clients risk. The Company will not be responsible for the result of that risk. No Client shall be accepted or be permitted to continue on a package while their status or mental or physical condition is, in the opinion of any representative of the Company, such as to render them incapable of caring for themselves or make themselves objectionable to other Clients or become a hazard to themselves or other Clients. The Company will not be responsible for expenses by such persons precluded from completing the package for this reason.
17.2 Your booking is accepted on the understanding that you realise the hazards involved in this kind of holiday, including injury, disease, loss or damage to property, inconvenience, discomfort and on occasion in remote areas an absence or lack of facilities. Itineraries given for each package will be adhered to wherever possible. They should be taken as an indication of what each group should achieve on that day, and not as a contractual obligation on the part of the Company. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, border restrictions, sickness or other unforeseeable circumstances. You must accept that changes in itinerary may in rare occasions be forced upon the group, and with these changes possible inconvenience, discomfort or disappointment. The Company will always endeavour to provide suitable alternative arrangements.
17.3 If a passenger is unable, or does not choose for good reason, to complete the itinerary outlined in the holiday the company will arrange transport back to your departure point. The Company is not liable to supply alternative itineraries, excursions, accommodations, services or staff for the period when the client is not present with the group.
18. NOTICE OF ENFORCEABILITY
Please remember, when you book travel related services with the Company, you are entering into a binding agreement that assumes all terms and conditions are fully understood as stated.
19. YOUR PERSONAL RESPONSIBILITY
The onus is on all individual/s concerned to fully acquaint themselves with the Terms and Conditions document and all matters such as visas, required documentation, payment schedules and cancellation policies.
20. OUR RESPONSIBILITIES
The Company is responsible to you for the proper performance of its‘ obligations under the contract. The Company is liable to you for any damage caused to you by its‘ failure to perform the contract or by the improper performance of the contract, unless that failure is:
a) attributable to you;
b) attributable to a third party unconnected with the provision of the services and unforeseeable or unavoidable;
c) due to unusual and unforeseeable circumstances beyond our control and could not have been avoided even if all due care had been taken;
21. AMENDMENTS
The Company reserves the right to add to, or to amend these conditions at any time should it see fit. The most recent conditions prior to departure will be those that are effective.