TRAVEL SERVICES AGREEMENT
1.
PARTIES
The
parties to this contract are:-
1.1
Mygration Safari Services CC, together with its successors or
assigns (hereinafter referred to as “Mygration Safari
Services”); and
1.2
the persons, jointly and severally, together with their heirs,
executors, administrators or assigns (hereinafter singly or
collectively referred to as “the client”) whose names are
hereinafter recorded at the base of this agreement.
2.
CAPACITY
2.1
Where the client has signed this contract in any representative
capacity, the client:-
2.1.1
warrants that he or she has full authority to contract for and
on behalf of any person referred to in clause 1.2 above, who may
not have personally signed the contract and that such authority
is in writing and available for inspection; and
2.1.2
binds such persons to the same extent as would have been the
case had they personally signed the contract.
2.2
Where a minor is a party, the signature of this contract by his
or her parent or guardian shall constitute the requisite legal
assistance for such minor.
3.
INSURANCE
The
client acknowledges having been cautioned with regard to the
necessity of obtaining comprehensive insurance cover against
cancellation, illness, accident, death, loss of luggage and
associated travel risks. Whether or not the client has acquired
such insurance cover, it is an express term of this contract
that Mygration Safari Services accepts neither responsibility
nor liability for any such risks, save those that may arise from
but which shall be limited by the provisions of any relevant
international convention to which Mygration Safari Services is
bound.
4.
PASSPORTS AND VISAS
Full
passports and entry visas must be valid for the entire period of
the tour. A tour can neither be delayed nor curtailed as a
consequence of an invalid or expired passport or visa entry. The
client acknowledges that in such an event, he or she shall at
his or her own cost, be obliged to secure such accommodation
and/or transportation as may become necessary, arising from such
invalidity and/or expiry.
5.
MARKETING MATERIAL
All
marketing material emanating from or distributed by Mygration
Safari Services constitutes no more than a guide to prospective
clients and shall not be construed as any form of warranty,
representation, undertaking or promise.
6.
BAGGAGE ALLOWANCE
The
baggage allowance in respect of each person participating on a
tour is 20kg. Only soft bags and rucksacks may be used.
Irrespective of their size, no hard-shell suitcases can be
accommodated.
7.
HEALTH REQUIREMENTS, PHYSICAL DISABILITIES, ETC.
7.1
It is recommended that the client should establish from his or
her doctor whether vaccination or any other form of medication
is a pre-requisite or recommendation for the tour.
7.2
Pregnant women must obtain a medical certificate from their
doctors confirming their fitness to undertake the tour. In
addition to the indemnities hereinbelow contained, a client who
is pregnant is deemed hereby to have released both Mygration
Safari Services and its tour broker, Nomadic Adventures CC
(“Nomadic Adventures”) from any and all liability for injury
or loss of life arising from complications associated with the
pregnancy, whether these occur during the tour or after it has
been completed.
7.3
Clients with a physical or mental disability or any other
handicap which requires specialised treatment or assistance
(including persons confined to wheelchairs) must at the time of
concluding this contract advise either Mygration Safari Services
or Nomadic Adventures, in writing of the nature of the
disability or handicap and whether any specialised medical
assistance may be required by them. Save where either Mygration
Safari Services or Nomadic Adventures has in writing released
the client from such an obligation, he or she must be
accompanied by a client who is a travelling companion and who is
fit and able to assist a disabled or handicapped client. Nothing
hereinbefore contained shall preclude either Mygration Safari
Services or Nomadic Adventures for logistical, safety or similar
reasons from declining a booking made by a disabled or
handicapped person notwithstanding notice of disability or
handicap having been supplied. In such an event, neither
Mygration Safari Services nor Nomadic Adventures shall be liable
for any claims of whatsoever nature as may arise pursuant to
such booking having been declined.
7.4
Due to the danger that this can pose to other tour participants,
both Mygration Safari Services and Nomadic Adventures shall be
entitled to refuse to allow a disabled or handicapped client to
commence a tour where such person has failed to give notice of
his or her handicap or disability or the need for assistance, or
who has failed to supply further information where this has been
requested.
7.5
A disabled or handicapped client will be liable for all and any
costs associated with any measures undertaken by Mygration
Safari Services and/or Nomadic Adventures which at their
discretion are necessary to ensure the safety and wellbeing of a
disabled or handicapped client or other tour participant. Any
such expenses shall be payable on request.
8.
DIETARY REQUIREMENTS AND SPECIAL REQUESTS
Mygration
Safari Services will endeavour but does not warrant that it will
be able to meet a client’s special dietary requirements or
other special requests. Any such dietary requirements and/or
special requests should in writing be made known to Mygration
Safari Services or Nomadic Adventures as early as possible.
Dietary requirements and special requests are not a term of this
contract with the result that neither Mygration Safari Services
nor Nomadic Adventures shall be liable in relation to any
inability or failure to provide such dietary requirements or
other special requests.
9.
THIRD PARTY OPERATORS
In
respect of their fees and charges, the client shall be liable
directly to third party operators save to the extent that the
costs and charges of such third party operators expressly form
part of the costs of the tour.
10.
INDEMNITY
Although
Mygration Safari Services will use its best endeavours to comply
fully with its obligations and any client requirements, whether
they be herein or elsewhere recorded, the client hereby
expressly indemnifies and holds Mygration Safari Services, its
members, employees, servants, agents, sub-contractors and
generally any party through whom or with whose assistance the
tour or any part thereof has or is about to be conducted
(including Nomadic Adventures and its members and employees)
harmless against any claim that the client or his or her heirs,
executors, administrators or assigns might have pursuant to any
injury, illness, death or loss of or damage to property or any
financial loss or damages whatsoever, arising either directly or
indirectly from the client having undertaken the tour. Without
derogating from the generality of this clause, such indemnity
shall apply:-
10.1
notwithstanding that the injury, illness, death, loss, damage or
financial loss or damages occurred or manifested itself only
after the conclusion of the tour;
10.2
as a result not only of an act but also as a result of an
omission on the part of any of the parties aforementioned;
10.3
in respect of any delays in or changes to itineraries or tours
from whatsoever cause arising including mechanical breakdown;
10.4
in respect of the actions or omissions of any third party
operator;
10.5
in the event that ingredients contained in any food supplied by
or on behalf of Mygration Safari Services are found to be in
contravention of the client’s dietary requirements;
10.6
in the event that either Mygration Safari Services or Nomadic
Adventures is obliged or elects at its discretion to cancel any
tour or part thereof.
11.
CANCELLATION BY CLIENT
Cancellation
of the booking will only be valid if made in writing.
Cancellation will only be effective once notification thereof is
received by either Mygration Safari Services or Nomadic
Adventures. Either Mygration Safari Services or Nomadic
Adventures may at its discretion, levy cancellation charges in
accordance with the following scale:-
11.1
The contract deposit is non-refundable irrespective of the date
paid;
11.2
Between seventy-nine (79) days and forty-one (41) days prior to
the departure date – fifty percent (50 %) of the contract
price is levied;
11.3
Forty (40) days or less prior to the departure date – one
hundred percent (100 %) of the contract price is levied.
12.
CLIENT’S CONTRACT WITH NOMADIC ADVENTURES
The
client confirms having concluded a contract with Nomadic
Adventures with regard to the tour and/or travel services herein
contemplated. The client acknowledges that the terms of such
contract as are clearly not inconsistent with the terms of this
contract shall apply mutatis mutandis to the parties hereto, to
the same extent as would have been the case were such terms
incorporated herein.
TERMS & CONDITIONS 
