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Terms
- Reservations & Payment
- Reservations can be made by contacting Legendary
Adventures, Inc., hereinafter referred to as the
"Company," or through a booking agent chosen by you.
- Safaris are booked and confirmed only upon receipt of a deposit as follows:
(i) When you book a safari more than one year in
advance of its start date, a minimum deposit of
twenty percent (20%) of the total safari cost is
required. An additional ten percent (10%) of the
total safari cost is due and payable on or before
three hundred sixty five (365) days prior to the
start of your safari.
(ii) When you book a safari one (1) year to ninetyone
(91) days in advance of its start date, a
deposit of thirty percent (30%) of the total
safari cost is required.
(iii) There shall be no binding contract until a
deposit is paid. When the Company
acknowledges receipt in writing of the deposit
to you, it shall be deemed to constitute
acceptance and confirmation of the reservation..
- The balance of your safari cost is due no later than
ninety (90) days before the start of your safari. If the
balance has not been received by that date, the
Company shall be entitled to treat your reservation as
cancelled, and subject to Paragraph 2 below.
- Any reservation made within ninety (90) days of
commencement of your safari may be accepted
provided space is available, payment in full is received,
and documents can be delivered before departure. The
Company reserves the right to accept or reject any
safari booking during this time frame in its sole
discretion.
- This Paragraph 1.5 is applicable to hunting safaris
only: The price quoted to you for trophy fees is subject
to change based on (i) an increase in the per trophy fee
charged by the government of the country where your
safari will take place and/or (ii) an increase or decrease
in the total trophy fees as a result of a change in the
number and/or species of trophies taken. In the event
of an increase due to 1.5(i), you agree to make
immediate payment to the Company upon their
notification to you that the increase has occurred. In
the event of an increase pursuant to 1.5(ii), you agree
to make payment to the Company, when requested, at
the completion of your safari. In the event of a
decrease pursuant to 1.5(ii), the Company will make
the appropriate refund to you within thirty (30) days of
the completion of your safari. 1.5(iii) The published
trophy fees of the year the safari is taken shall apply in
all cases.
- Cancellations & Refunds
- Any cancellation of a reservation must be in writing
and shall only be effective upon its acknowledged
receipt by the Company. Cancellation fees shall apply
in the following circumstances:
(i) When a cancellation is effective three hundred
sixty-six (366) or more days prior to the start of
the safari, the Company will make a full refund
of all deposits made by you or on your behalf to
the Company. No cancellation fees will apply.
(ii) When a cancellation is effective more than two
hundred seventy (270) days prior to the start of
your safari but less than three hundred sixty six
(366) days, fifteen percent (15%) of the deposit
due and payable plus a $3,000.00 (United
States Dollars or “USD”) per hunting client and
a $500.00 (USD) per non-hunting client
handling fee will be charged to your account as
cancellation fees. You will be refunded any
deposit monies in excess of these cancellation
fees.
(iii) When a cancellation is effective more than
ninety (90) days prior to the start of your safari
but less than two hundred seventy one (271)
days, the full deposit of thirty percent (30%) of your
total safari costs will be charged to your
account as cancellation fees. If additional
monies have been paid toward your safari,
these monies in excess of the cancellation fees
will be refunded to you.
(iv) When a cancellation is effective less than ninety
(90) days prior to the start of your safari, the
total costs of your safari will be charged to your
account as cancellation fees and no refunds will
be made to you.
(v) Note that in any instance above where sufficient
dollars are not in your account to cover the
cancellation fees as a result of you not making
deposits when due pursuant to these terms and
conditions or otherwise, you agree to be liable
to the Company for the appropriate amount of
any monies due such that the Company
receives its entire cancellation fee as provided
for above.
-
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 (iv) shall apply.
-
Any request to vary your reservation must be in writing
and the Company’s agreement thereto shall be at its
sole discretion. If the Company agrees to vary your
reservation as requested, it reserves the right to charge
an administration fee which shall be presented to you
in writing and which is payable no later than seven (7)
days after such notification.
-
No refunds are given for: (i) lost travel time or
substitution of facilities, areas, hunters, camps and
dates, (ii) itineraries amended after departure, (iii)
circumstances arising beyond the Company’s control,
necessitating alternative arrangements be made to
ensure the safety and/or further participation and
enjoyment of your safari, (iv) if you do not appear for
any accommodations, service, sightseeing or trip
segment without notifying the Company, (v) if you leave
your safari after it has begun, miss any scheduled
sightseeing, activities or accommodations, (vi) failure
to collect any specie that you may have sought to
collect while on safari, or (vii) re-scheduling the area in
which you hunt in order to make quota available for
your safari.
- For Your Information
- The Company is not a safari outfitter. The Company
purchases outfitting services from independent
suppliers of such services, who are not subject to the
Company’s control ("Outfitter(s)"). The Company also
purchases ground and air transportation, hotel
accommodations, restaurant services and other
miscellaneous services (together with the services
provided by Outfitters, the "Services") from various
independent suppliers (together with the Outfitters, the
"Suppliers") that are also not subject to the Company’s
control. BECAUSE THE SUPPLIERS ARE NOT SUBJECT TO
THE COMPANY’S CONTROL, THE COMPANY CANNOT BE
LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DEATHS,
PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OR
ANY OTHER LOSS THAT MAY OCCUR AS A RESULT OF THE
SERVICES PROVIDED BY THESE SUPPLIERS OR BY
REASON OF ANY OTHER EVENT OVER WHICH THE
COMPANY HAS NO CONTROL.
- The Services are provided by the Suppliers subject to
the terms and conditions set forth in the tickets,
orders, vouchers or other similar documentation
("Supplier Contracts") that may be issued by the
Suppliers in connection with their respective Services.
The Supplier Contracts in use by the Suppliers, when
issued, shall constitute the sole contract between the
Suppliers and you regarding 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 to retain any person as a member of the
safari, at any time, and to pass on to safari members
any expenditure occasioned by delays or events
beyond its control. In case of any appreciable variation
in its costs, the Company reserves the right to adjust
its rates.
- Risks
-
The Company draws your attention to the fact that
there are certain inherent risks involved in participating
in the type of trips sold by the Company. You agree that
you participate in such trips at your own risk.
- You acknowledge and agree that it is your
responsibility to take all appropriate medical advice
prior to departure as to whether you are fit enough to
undertake the trip that you have booked.
- By accepting these terms and conditions, you
acknowledge and agree that adventure travel, whether
in civilized or remote areas, by plane, train, auto, boat,
horseback, other conveyance, or on foot, involves
inherent dangerous risks of illness, injury, death or loss
and damage of property, which may be caused by
negligence of others, forces of nature, and other
causes known or unknown. You recognize that such
risks may be present at any time before, during, and
after the trip.
- You acknowledge and agree that your participation on
a safari with the Company is conditioned upon, among
other things, the signing of a release of liability in favor
of the Company and its representatives and Suppliers
("Release").
- Force Majeure
- "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, terrorist attacks, sabotage, insurrection,
civil disturbance or unrest, or requisition, sickness,
quarantine, government intervention or hindrance of
any kind, weather conditions or other untoward
occurrences). For the purposes of this agreement with
you, a Force Majeure event may also include a situation
where government concessions for safaris once made
available to the Company are no longer made available
to the Company.
- If the Company is affected by Force Majeure, it shall
notify you in a timely fashion of the nature and extent
of the Force Majeure.
- The Company shall not be deemed to be in breach of
these terms and conditions or otherwise be liable to
you, because of delay in performance, or by nonperformance
of any of its obligations hereunder to the
extent that any such delay or non-performance is due
to any Force Majeure.
- 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 endeavors to reimburse you
where possible. In all cases, the Company shall be
entitled to deduct from any refund recoverable, the
reasonable actual and potential costs to the Company
of the Force Majeure.
- In all circumstances where a Force Majeure event has
occurred, 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 your safari. If, after having made all
reasonable and proper inquiries, the Company is of the
opinion that your safari may proceed, and you choose
to cancel your safari, no refund will be payable to you
and the provisions of Paragraph 2 shall apply.
- Without limiting the other provisions of this Section 5,
you acknowledge and agree that you are aware that
travel warnings and advisories are issued on occasion
for the country in which your safari is booked. You
further acknowledge and agree that the issuance of a
travel warning or advisory does not give rise to an
automatic right of cancellation for you. If a travel
warning or advisory is issued prior to the start of your
safari or during your safari, the Company will
investigate the situation giving rise to the warning or
advisory and will make a determination as to whether
to proceed with your safari consistent with Paragraph
5.5 above. If, after having made all reasonable and
proper inquiries, the Company is of the opinion that
your safari may proceed, and you choose to cancel your
safari, no refund will be payable to you and the
provisions of Paragraph 2 shall apply.
- Insurance
The Company strongly recommends that you obtain the
following types of insurance, which are commercially
available:
- Accidental death and disability
- Loss of personal effects
- Emergency medical evacuation
- Major Medical
- Trip cancellation
By accepting these terms and conditions, you acknowledge
that the Company does not typically provide these types of
insurance to you or arrange them for your benefit, that the
Company has no obligation to provide these types of
insurance for you, that the costs of these insurances are not
included in your safari costs payable to the Company unless
expressly so stated on your invoice, and that it is your
responsibility to provide for these coverages if you want to
have them. In some instances, the Company may provide
you with information regarding, or referrals to, providers of
these various insurances. By accepting these terms and
conditions, you acknowledge and agree that the Company is
not liable to you as a result of the services provided to you
by these providers, or for their failure to provide services to
you, or otherwise. The release of liability applies regardless
of whether the Company has referred providers to you,
arranged coverage on your behalf or otherwise.
- Surcharges
Although the Company hopes that it will not need to levy
surcharges, it reserves the right to do so if this becomes
necessary. The Company will endeavor to notify you in
writing as soon as it is aware of any likely surcharge, and
you must pay the amount of such surcharge no later than
fourteen (14) days after written notification has been
received (depending on the circumstances). If the surcharge
is not paid within such time, the Company may constitute
such non-payment as an act of cancellation on your part
and the provisions of Paragraph 2 shall apply. Any refund
made by the Company shall be in its sole and absolute
discretion. For the purposes of this provision, surcharges
may include, but are not limited to, additional costs levied
by the government on safaris of your type, additional costs
incurred by Suppliers as a result of new taxes, government
charges and the like.
- Conditions of Booking
You agree that you and any minors that are traveling with
you shall comply at all times with the instructions of the
Company’s representatives and the representatives of the
Suppliers. No client shall be accepted or be permitted to
continue on a safari while their status of mental or physical
condition is, in the opinion of any representatives of the
Company, the Outfitter or the professional hunter assigned
to your safari, 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 a safari for this reason.
- Carriage by Land, Sea & Air
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.
- Baggage
Temporary or permanent loss of baggage is the responsibility of you or the carrier.
- Travel Documents & Vaccinations
It is your responsibility to ensure that passports, visas,
travel permits, health certificates, inoculations, 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) because of any failure by you to comply with such
requirements.
- Special Requests
You must advise the Company in writing of any special
requests (e.g. diet or facility) you may have when you
submit your reservation to the Company. The Company will
attempt to meet any such requests whenever possible.
Certain special requests may incur procurement costs,
which will be charged to your account. Any such charges will
be communicated to you at the earliest opportunity.
- Information in Marketing Materials
All information provided in the marketing brochure and any
advertisements or newsletters ("Marketing Materials")
published by the Company is, to the best of the Company’s
knowledge, correct at the time it is published. The Company
reserves the right to update and/or revise any information
provided in the Marketing Materials at any time and without
notice. The photographs reproduced and information
provided in Marketing Materials depict typical scenes
experienced and details on each destination, but the
subject matter may not necessarily be seen or experienced
while visiting that destination.
- Photography
The Company reserves the right without further notice to
make use of any photography or film taken of you, minors
traveling with you, or of any other aspects of your safari by
the Outfitter or any other Suppliers for general purposes
without payment to you and without your permission. If you
make photographs of your own available to the Company,
the Company reserves the right to make use of such photos.
By providing such photographs to the Company, you grant
the Company a perpetual, fully paid, non-exclusive,
irrevocable license to use such photographs in the
Company’s Marketing Materials or otherwise.
- Disputes
If you have any cause for complaint while traveling, you
must immediately bring it to the attention of the Outfitter,
and/or the professional hunter assigned to your safari,
whichever is practical at the time of the incident that gives
rise to the complaint. Either or both of these parties will
attempt to resolve the situation, contacting the Company
when necessary to do so.
- Booking Agents
- Your booking agent will be instructed to forward
deposits and other payments to us on your behalf. You
acknowledge and agree that your booking agent is not
our agent for the purposes of receipt of monies or
otherwise and that there is no liability on our part
unless and until we notify you (by way of a booking
confirmation – sent to your agent with a copy to you)
that monies have been received by us. We will issue a
booking confirmation to your agent immediately upon
receipt of their payment to us on your behalf.
- We are very proud of our relationship with booking
agents throughout the world. To facilitate the
reservation process for you, the Company requests
each booking agent to provide its customers with
thorough communications pertaining to their booking.
Your agent has been provided with a list of
recommended responsibilities to assist and inform you
on matters such as required documentation, payment
schedules and cancellation policies. We encourage
each booking agent to assist you to the best of his/her
ability in providing answers and information pertaining
to your booking.
- Entire Agreement; General Terms
These terms and conditions and the Release (together, the
"Agreement") govern the relationship between the Company
and you. No alteration to this Agreement may be made by
any of the Company’s employees, authorized
representatives or agents, unless in writing by an authorized
officer of the Company. An authorized officer of the
Company shall make all decisions and matters subject to
the Company’s discretion. This Agreement shall be governed
by the laws of the State of Texas (without regard to its
conflict of laws doctrine). Suit to enforce any provision of
this Agreement or to obtain any remedy with respect hereto
shall be brought exclusively in the applicable state or
federal courts of Harris County, Texas. You may not assign
this Agreement or any rights obtained hereunder without
the prior written approval of the Company, such approval
that it may withhold in its sole discretion. If any term or
provision of this Agreement is held to be invalid, illegal or
unenforceable by a court of competent jurisdiction, such
holding shall in no way affect the remainder of this
Agreement but said unenforceable provision shall be as
though it were never included herein. Failure to enforce any
of the terms or conditions of this Agreement shall not be
deemed a waiver of any of the rights and privileges that a
party has under this Agreement, nor should a waiver in one
case constitute a waiver with respect to a later breach
whether of a similar nature or otherwise.
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