
Conditions of joining the expedition:
Your booking is made with Paul John Dutson of
... (herinafter called The organiser').
I the undersigned, wish to join the expedition mentioned in the booking form attached hereto subject to the following terms and conditions:-
(1)
A deposit of 10% of the expedition fare is payable at the time of booking and is accepted by the organiser in part payment of the fare. It is not refundable unless the provisions of clauses 6 or 7 hereof apply.
The balance of the fare is payable not later than 60 days before the advertised date of departure. Non-payment of the balance will be treated as cancellation of the booking and the deposit will be forfeited to the organiser.
If the client cancels the booking the same shall be in writing, signed by the client and shall be received at the organisers address not less than 60days before the advertised date of departure. In which case the organiser will refund all monies paid by the client other than the deposit which the organiser will be entitled to retain.
If the client cancels the booking less than 60 days before the advertised date of departure the organiser shall be entitled to retain all monies paid by the client. Clients are therefore advised to insure themselves accordingly.
(2)
The expedition fare is not subject to increase after the booking and the deposit have been received from the client.
(3)
The expedition fare covers only the cost of supplying, fuelling, maintaining and servicing of the expedition vehicle or vehicles and provision of the tour leader, payment of road tolls, required ferry crossings for the vehicle, and the supply of general camping equipment. Hotel charges, restaurant meals and entrance fees to game parks, reserves and various country visa costs are not included. Clients contribute to a general fund for the purposes of providing food, hotel and camp site charges and entrance fees to certain countries, parks and reserves.
(4)
The client undertakes:
To comply with the laws and regulations, whether in respect of health, immigration, exchange control or any other matter, of all the countries and territories visited in the course of the expedition;
To comply with all reasonable requests of the expedition leader.
To obtain a valid passport and visas or endorsements appropriate for the countries and territories to be visited in the course of the expedition;
To accept and abide by the terms and conditions of all carriers concerned in the expedition;
Any breach of these undertakings shall entitle the expedition leader to require the client to leave the expedition immediately if in his reasonable opinion the safety and well-being of any or any one of the members of the expedition, or the satisfactory progress of the expedition is thereby prejudiced. In such an event the provisions of clause 10 hereof shall have effect.
(5)
The organiser reserves the right of the expedition leader to deviate from the advertised expedition route if in his reasonable opinion such deviation is necessary for the safety or well being of any or any one of the members of the expedition or for the satisfactory progress of the expedition.
(6)
The organiser reserves the right to cancel the expedition without prior notice at any time up to the date of departure. In such circumstances, SUBJECT TO CLAUSE 7 HEREOF, all monies received from the client will be refunded in full and upon tender of the same to the client all liability of the organiser to the client arising from the said cancellation shall cease.
(7)
Notwithstanding anything to the contrary elsewhere in this contract should the expedition or a part thereof not take place by any reason of strike, lockout, civil disturbance, government intervention, riot, war, threat of war, disaster, terrorist disturbance, inclement weather or act of god the organiser shall be entitled to retain from the monies received from the clients any sums expended in the arrangements of preparations for the said expedition or part thereof and shall only be obliged to refund to the clients in equal shares the residue of such monies or the appropriate part thereof.
(8)
THE CLIENT ACCEPTS THAT THE EXPEDITION WILL BE AN UNDERTAKING OF AN UNPREDICTABLE AND POTENTIALLY HAZARDOUS NATURE. The client acknowledges that the expedition vehicle or vehicles do not have the benefit of passenger insurance and agrees to LIMIT to no more than the sum which was paid to join the expedition the liability of the organiser, his servants, agents, authorised representatives, helpers and other clients against any claim or demand made against them or any one of them;-
By the client, his personal representatives or dependants in respect of any accident, disease, personal injury or loss of life caused to or suffered by the client during the course of the expedition whether caused by the negligence of any party thereon or therein concerned or not.
In respect of any accident, disease, personal injury, loss of life or damage to property caused by the client during the course of the expedition and without derogating from the generality of the foregoing, in particular while the client is driving any vehicle being used for the purpose of the expedition.
(9)
Owing to the potentially hazardous nature of the expedition the organiser shall not be liable to any damage suffered by or caused to or loss of the personal property of the client during the course of the expedition howsoever caused whether by negligence on the part of the organiser, his servants, agents or authorised representatives or not. (10)
In the event of the client voluntarily leaving the expedition before completion thereof or being properly so required to leave the expedition by the expedition leader on the ground that the continued presence of the client on the expedition is detrimental the safety or well-being of any or any one of the members of the expedition or to the satisfactory progress of the expedition or on any of the grounds set out in clause 4 hereof all liability and responsibility to the client will IMMEDIATELY cease. The client is therefore advised to take out appropriate insurance to meet the cost of repatriation or foreign medical expenses or other costs that might arise in such an event.
(11)
The information in any website, brochure or other literature given by the organiser is given in good faith but no warranty is given that it is correct. No representations made therein shall form part of this contract or impose any other legal responsibility upon the organiser, his servants, agents or authorised representatives.
(12)
No servant, agent or authorised representative of the organiser has authority to commit the to any liability whatsoever and the organiser will not be bound by any statement or representation or any of the foregoing unless it is in writing and is signed by the organiser.
(13)
The organiser will not be entitled to rely on any provision in this contract which is held to be contrary to any of the provisions of the Unfair Contract Terms Act 1977 or, when a term cannot be shown to be reasonable in particular when required by the act so to be, in THOSE circumstances only.
(14)
For the purposes of this contract the client shall be deemed to join the expedition when he boards the expedition vehicle, and shall be deemed to leave the expedition upon finally leaving the expedition vehicle at the destination or upon any earlier application of the provisions of clause 10 hereof to the client.
(15)
The proper law of this contract shall be English and the contract shall be enforceable only in the courts of England and Wales.
(16)
COMPLAINTS PROCEDURE If a client has a complaint they should inform the expedition leader or representative immediately so that they may rectify the matter. If this fails to rectify the complaint inform the organiser whilst on route by email, fax or phone call (reverse charges) and the complaint will be promptly dealt with. Or if this is not possible no later than 14 days after the completion of the respective expedition or tour.
Click here for Terms and Conditions in PDF format
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