THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. Please read the following carefully prior to signing. In completing and submitting your Booking Form, you agree to be bound by these conditions which constitute the agreement between the Tour Operator / Travel Agent and you. These conditions apply to the exclusion of any other terms or conditions unless they are set out in the Booking form or are otherwise agreed to in writing by the parties. Previous dealings between the parties will not vary these conditions. No purported variation of these conditions will be effective unless in writing and signed by a person so authorized by the Tour Operator / Travel Agent.
Liability Release
I enter into this release and waiver of liability in connection with participating in and traveling to/from any trip, tour, meal, overnight stay, bush walk, hot air balloon ride, excursion, hike, sightseeing outing, and/or any other activity with (collectively, the “Activity” or “Activities”) RAW Africa Eco-Tours Pty Ltd. (“RAET”), its employees/agents and/or RAET’s tour company partners. I agree to the following:
I have been informed and I am aware that adventure travel and travel in general can be dangerous and includes certain risks inherent to these Activities. I alone assume all risks associated with being on, entering, or exiting any premises operated by RAET or partnering with RAET during my trip. Those risks include but are not limited to the following:
1. HAZARDS: slipping or tripping; falling; overexertion; dehydration; adverse reaction to heat, humidity, or other extreme temperatures; negligent training, instruction, or hiring; from miscarriage or other pregnancy related complications; injury/illness/death from any domesticated or wild animal including, but not limited to, dogs, wild cats, horses, goats, bees, elephants, snakes, and insects; of traveling by any form of vehicle, by air, on elephant, horse, camel, on foot, hazards of water activities including rafting, kayaking, tubing, swimming, snorkeling/diving or any other conventional or unconventional means; from allegedly negligent cleaning and/or building/facility maintenance; from participating in any social event; from equipment (including but not limited to the sudden, unforeseen malfunctioning of any equipment); from transportation to and from the airport, any excursion, meal or event; from ATVs, watercrafts, bicycles, and other recreational vehicles rented or provided by RAET or its partners; from aggravation of a pre-existing injury; from a negative reaction / food poisoning; from other individuals on this tour/excursion; from lack of access to medical care, appropriate medical facilities or the internet; from extreme weather conditions, religious disturbances, civil and government disturbances, physical exertion for which I may not be prepared for, and the lack of evacuation possibilities should I be injured, incapacitated or disabled; from any interaction with a RAET staff member; from an allergic or chemical reaction to any agent and/or cleaner on-site; or from the contraction of any illness, disease, condition, or infection from a RAET premises or property provided by or recommended by RAET or allegedly, our staff or other participants. I acknowledge that these injuries could be psychological, emotional, or physical and that they could be minor or significant (including death).
2. I have been informed and assume all risks associated with animal encounters (including gorilla, chimpanzee, hippopotamus, large cats, hyena, crocodile and other reptiles, and elephant activites that are a part of RAW AFRICA ECO-TOURS trips). These encounters can be dangerous and can result in serious illness, injuries, pain and in some instances death. I understand that roads may be impassable due to flooding or other causes or that landing at a particular airstrip could be impossible at night which could cause delays in seeking medical treatment and/or travel interruption.
3. I agree not to hold RAW Africa Eco-Tours Pty
Ltd., its employees/agents, any of its partnering tour/excursion companies, any associated hotels, inns, or accommodations, or Brooke Squires (the “Released Parties”) liable in any respect for negligence stemming from any injury or death arising from or related to any of the aforementioned Activities or risks enumerated in this agreement of which I have explicitly been made aware and for which I have assumed sole legal responsibility.
4. I understand that the Released Parties are not responsible for any loss of personal property. I understand these excursions involve travel to incredibly remote parts of the world and that telecommunications may be difficult or impossible at times. I acknowledge the risk of contracting malaria from these Activities.
5. I further understand that by participating in these Activities that I am consenting to be depicted in photographs and video for marketing purposes.
6. I agree and acknowledge that RAW AFRICA ECO-TOURS cannot guarantee my health or safety on this trip. Many of the Activities will be in remote locations with little or no medical support. Hospitals and emergency facilities can be hours away. The available medical facilities may not have the medical tools, skills, personnel or hygiene standards common in other parts of the world. I understand and consent to RAET staff, agents, and partnering entities providing first aid appropriate to the remoteness of the area and the nature of my ailment to the best of their ability. I understand that my excursion likely will not be staffed by someone with any formal medical training. I hereby state that my guide or any RAET staff, agent, and partnering entities may perform first aid as they deem appropriate and I agree not to hold them or any
of the Released Parties liable/responsible in any respect for negligence stemming from their attempted care. I also am responsible to act in a safe manner that will not endanger others or myself in my travel group.
7. I understand that, except to request a monetary refund for that individual days’ excursion, I have no claim against the Released Parties by reason of their refusal to allow me to participate in any Activity or event at this location.
8. RAW AFRICA ECO-TOURS will not accept my participation in any Activity if I do not have suitable or sufficient travel insurance to cover such events as illness, remote area evacuation, medical emergency coverage etc. I hereby state that I have obtained sufficient travel insurance to cover all of the above, bearing in the mind the destination and associated risk/instability in the area. RAW AFRICA ECO-TOURS is not responsible for any medical, hospital, doctor, rescue, evacuation, or associated transportation costs. I further agree that if I am injured or become ill, RAW AFRICA ECO-TOURS may, at my cost, arrange or supply medical treatment, evacuation or any other emergency services on my behalf as RAW AFRICA ECO-TOURS deems necessary or appropriate for my safety and wellbeing.
9. I agree that I will not have any illegal drugs, illegal flora/fauna or weapons on my person or in my possession when partaking in any part of a RAW AFRICA ECO-TOURS trip or guided tours.
10. I agree to indemnify, defend, and hold harmless the Released Parties against any claims, liability, damages, defense costs (including attorneys’ fees), and any other costs incurred in connection with claims for bodily injury, wrongful death, ransom, kidnapping, loss of consortium or property damage arising out of or otherwise related to my participation in these Activities. I agree that if I (on my own behalf or on behalf of another, including an estate) assert a claim (including a claim for negligence or wrongful death) against any of the Released Parties and/or otherwise breach my agreement not to sue any of the Released Parties, I will pay all reasonable fees (including attorneys’ fees), costs, and expenses incurred by said Released Parties to defend (1) the claim; and (2) all other claims arising out of the same facts as the claim.
11. In consideration of my participation in RAET’s Activities, I understand and voluntarily accept these risks and agree to not hold the Released Parties liable for any injury or claim which arises from my participation in such Activities, events, the use of these facilities or from any risk or situation described in this document whether related to travel, excursions, adventure, culture, outdoor activities or not. Accordingly, I do hereby forever release and discharge the Released Parties from
any and all claims or causes of action to the fullest extent allowable by law.
12. To the extent applicable, I consent to my minor child (“the Minor”) participating in these Activities. I know that these Activities carry specific risks identified in this agreement and I believe the Minor is qualified and of the appropriate age to participate in these Activities. If, despite this release, I, the Minor, or anyone on the Minor’s behalf, makes a claim against any of the Released Parties, I agree to defend, indemnify, and hold harmless the Released Parties from any litigation expenses, attorneys fees, costs, loss, liability, or damages they incur whether the claim is based in negligence or otherwise.
13. The validity, enforcement, construction, and interpretation of this agreement shall be governed by the law of the State of Victoria, Australia. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any Activity with RAET or against RAET or any of the Released Parties in any respect, can only be brought in Melbourne, Australia. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any Activity with RAW Morocco or against that entity can only be brought in Marrakesh, Morocco. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any Activity with RAW Ethiopia or against that entity can only be brought in Addis Ababa, Ethiopia. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any Activity with Brooke Squires Safaris or against that entity can only be brought in Kigali, Rwanda. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any Activity with RAW Africa Ecotours SMC or against that entity can only be brought in Kampala, Uganda. In the event that more than one of these aforementioned entities is sued in connection with any service provided under this agreement, the undersigned consents to that lawsuit proceeding only at the venue of choice provided by RAET (whether that be in Melbourne, Australia or one of the locales referenced in this paragraph).
14. All parties to this agreement waive any objection to the jurisdiction of these courts whether based on convenience or otherwise.
15. If any provision or part-provision of this Release is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement. By signing this release, I
acknowledge that I understand its contents and that this release cannot be orally modified. I voluntarily agree to the terms and conditions stated above. I sign this agreement on my own behalf and, if applicable, on behalf of the Minor.
16. I have read and agree to the policy on cancellations and refunds as stated under the Terms and Conditions elsewhere in the RAW AFRICA ECO-TOURS literature. I alone will be liable for all costs in the case of cancellation, trip delays, damage or loss of equipment or baggage and any medical need or emergency however caused.
TRAVEL TERMS AND CONDITIONS
1. Basis of Contract
Acceptance – Payment of a deposit indicates the Customer’s acceptance of the Conditions. Deposit – a non-refundable deposit of 25% on all bookings, plus nonrefundable items such as gorilla permit and internal flights.
2. Booking your holiday
Quotes will be provided in relation to a price for the Travel Arrangements. The quote is valid for a period of 7 days.
3. Price Policy
Travel Arrangement prices are quoted for the entire package and itemized component costs cannot be given.
Surcharges – the price of the Travel Arrangements is subject to the possibility of surcharges. Surcharges may be incurred (without limitation) in connection with: currency exchange rates, increases in Product prices, scheduled airfares, hotel and Ground transportation charges, game park entrances fees and any other increases in connection with the Travel Arrangement.
Surcharge increases greater than 10% - if the total price of the Travel Arrangements increases by 10% as a result of Surcharges, the Customer may cancel its booking within 14 days of the date of the issue of a final invoice and obtain a Full refund of all payments made to Raw Africa Eco-Tours with the exception of holiday insurance and any amendment charges previously incurred.
Price Increase Guarantee – provided that Raw Africa Eco-Tours receives settlement in full no less than 45 days prior to the Departure date, it undertakes to absorb any price increase that may arise after that date.
Changes in the Australian Dollar – the financial commitment Raw Africa Eco-Tours undertakes in order to offer the Price Increase Guarantee means that reduction in prices cannot be made if the Australian Dollar strengthens.
Products not utilized – no refunds are made in respect of Products not utilized, for example accommodation, meals and sightseeing excursions.
Goods and Services not included – the following are excluded from the Travel Arrangements price: International Airfares, arrival or departure taxes, passport and visa costs, travel insurance, personal expenditure including drinks, laundry, room services, additional meals and gratuities, unless expressly included.
GST – each amount of whatever description specified as payable by the Customer to Raw Africa Eco-Tours is inclusive of GST where applicable. The Customer is liable to pay any amount of GST imposed on any Product.
4. Payment
Final Payment – must be received by Raw Africa Eco-Tours no later than 40 days prior to the Departure Date.
Where bookings are made within 40 days of departure, full payment must be made at the time of the booking.
In addition to any amount payable to Raw Africa Eco-Tours, the Customer must pay to Raw Africa Eco-Tours on production of a Tax Invoice the GST payable by Raw Africa Eco-Tours in respect of that amount.
5. Cancellation by the Customer
The Customer must give Raw Africa Eco-Tours notice of any cancellation in accordance with the provisions listed:
A notice by the Customer must be in writing and may be delivered by hand, prepaid mail, or e-mail.
Notice of cancellation is treated as given, when acknowledged by Raw Africa Eco-Tours or within 48 hours, whichever is the sooner.
Charges – the following charges are payable by the Customer in accordance with the number of days prior to the Departure Date following notice being received by Raw Africa Eco-Tours of cancellation:
DAYS PRIOR TO DEPARTURE DATE PERCENTAGE OF HOLIDAY PRICE PAYABLE
59 days prior 100%
60 or more days prior 25%
Additional Charges – the Customer may incur further cancellation charges from some local agents- Eg Gorilla trekking permits, Flights booked by RAW Africa Eco-Tours.
6. Cancellation and Material Alteration by Raw Africa Eco-Tours
Raw Africa Eco-Tours may treat a booking as cancelled and levy cancellation charges if the Customer does not pay the balance of the Travel Arrangements price at least 40 days prior to the Departure date.
Force Majeure – Raw Africa Eco-Tours may, at its sole option, where circumstances outside of its control affect the provision of Travel Arrangements (such as flood, fire, act of God, war of threat of war, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes, port or airport closure, technical problems with transport, alteration or cancellation of scheduled travel services) cancel scheduled travel arrangements at any time. And may at Raw Africa Eco-Tours sole and absolute discretion:
Offer the Customer alternative Travel Arrangements or Products of comparable standard as may be Appropriate in the circumstances or; If alternative Travel Arrangements or Products are not offered by Raw Africa Eco-Tours, Raw Africa Eco-Tours will make a prompt proportional (taking into account the extent of the Travel Arrangements that have been provided or arranged) refund a percentage of moneys paid by the Customer.
Raw Africa Eco-Tours may charge a reasonable fee to cover the administration costs associated with providing Alternative Travel Arrangements or Products.
Material Alteration – if a material alteration becomes necessary within 45 days of the departure date for any reason other than the circumstances described in previously, Raw Africa Eco-Tours will endeavour to offer comparable products or a refund of a percentage of moneys paid by the Customer.
7. Raw Africa Eco-Tours Obligations and Liability
As Booking Agent – Raw Africa Eco-Tours acts as a booking agent for the Customer for the Suppliers of Products. RAET and the other Released Parties expressly accept no liability for any injury, loss, damage, accident, delay or irregularity that may arise to any Customer or third party resulting from the Customer’s or third party’s use of the Products.
The Customer must notify Raw Africa Eco-Tours in writing of any allergies, illnesses or incapacities, partial or otherwise, which are relevant to the intended travel, provision of accommodation, and meals. Raw Africa Eco-Tours retains a right to cancel this arrangement upon being so notified of any such allergy, illness or incapacity, or upon otherwise becoming aware of such. If Raw Africa Eco-Tours cancels this contract in respect of any such allergy, illness or incapacity not notified to Raw Africa Eco-Tours, all fees payable by the Customer shall be forfeited and the Customer’s only recourse is to request a refund for that portion of the trip (which may be granted solely at RAET’s discretion).
The Customer acknowledges that they are solely responsible to obtain any passport, visa and / or other travel document required for the intended travel.
The Customer acknowledges that, in the event of the need for provision of urgent medical treatment by any RAW AFRICA ECO-TOURS Representative, such treatment shall be provided and the Customer consents to this. The Customer further acknowledges that Raw Africa Eco-Tours personnel have not received formal medical training of any kind. The Customer hereby releases and forever indemnifies RAET and the Released Parties for all actions, suits, claims, and demands whatsoever stemming from any Activity or medical care provided by a Released Party.
Except as specifically set out herein, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, specification or performance of the Products or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
The Released Parties have not and cannot make any representations regarding the Customer’s experience in any Activity, the weather, animal sightings, the quality of any particular meal, accommodation, guide, travel, or other Activity. RAET will make best efforts to provide the Customer with a positive, unforgettable experience, however, delays, changes in plans/itineraries, or some degree of disappointment due to circumstances beyond RAET’s control must be expected. By participating in these Activities, the Customer agrees not to sue the Released Parties under any legal theory related to unmet expectations concerning any aspect of this trip.
The Customer expressly agrees to listen to and obey instructions provided by RAET and RAET affiliated guides during excursions when safety is involved. Many of the destinations provided by RAET are in countries with significant danger of civil unrest, uprising, terrorism, war, and crime. The Customer proceeds with this excursion and Activities with full knowledge that doing so involves heightened risks of injury, kidnapping, ransom, and death. RAET and the Released Parties are not responsible for any losses incurred by the Customer from alleged negligence or otherwise.
Raw Africa Eco-Tours is not liable for and accepts no responsibility for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain and suffering, damage, delay or irregularity occasioned to the Customer, whether caused by an act, omission, negligence or otherwise while undertaking a Travel Arrangement, using the Services or arising from any booking.
Raw Africa Eco-Tours strongly recommends that the Customer insure themselves against loss of deposit, cancellation charge, medical expenses and loss of personal possessions and any other foreseeable loss or expense
