Terms

By paying your deposit you acknowledge that you have read, understood and agreed to be bound by the following terms & conditions.  Acceptance of your booking will be confirmed by email and a contract comes into existence on the date of that email confirmation.

 

All persons named on the booking form shall be referred to collectively as either the “client(s)”, “you”, “your”, “they” or “their”.  Other people on Safari are referred to as “guest(s)”.  The term “Safari” refers to your holiday as set out in the trip itinerary.  “We”, “us”, “our” & the “company” refers to Wild Earth and Ocean Inc. & service providers.  “Driver/Guide(s)” refers to the company representatives whilst on Safari. Conservation Safaris are brands of Wild Earth & Ocean, Inc.

 

1. Safari Prices & their Validity:  Prices for your Safari were calculated using exchange rates obtained at time of publication.  Price becomes final on full payment, which is due no later than 90 days before safari start.  Deposit is payable by credit card or bank transfer upon itinerary acceptance. 35% interim balance is payable within 10 days of itinerary confirmation & invoice.  Interim and final balances are payable by bank transfer,  cheque, or by credit card via verified PayPal account with 5% surcharge.  Until full payment is received, the price of your Safari is subject to change, including but not limited to, surcharge on the following items for increases in accommodation costs, transportation costs (i.e. fuel), government action such as increase in VAT or any other government imposed increase, or currency in relation to adverse rate variations. If this means paying more than 10% of the Safari price, you will be entitled to cancel your Safari within 14 days of the revised invoice as per clause 6. & 8.

2. Inclusions:  As indicated in the itinerary: accommodation, meals (breakfast, lunch, dinner as stated), pre-departure information, entrance and park fees, excursions, internal flights as stated in the itinerary, ground transport during Safari, services of driver/guides, taxes. Activities paid for but not taken during the safari for any reason whatsoever, including but not limited to, injury, poor weather, Force Majeure, road or ocean conditions, or other circumstances beyond our control cannot be refunded.

3. Exclusions:  Air transportation and related fees (except as indicated in the itinerary), activities not noted in the itinerary as included, extra meals, gratuities, passport and visa expenses, compulsory travel insurance including baggage/ accident/ cancellation/ medical, excess baggage charges, personal expenses, such as laundry, telephone calls, beverages; and any other items not specifically noted as included or of a personal nature.  Please note: comprehensive travel and medical insurance including emergency air evacuation is compulsory.

4. Assumption of Risk:  Clients’ bookings are accepted on the understanding that they appreciate the possible risks inherent in adventure travel and they undertake the Safari featured at their own volition.  Travelling & visiting remote regions, or regions with dangerous wildlife, involves a possible risk of injury or death, psychological trauma, disease, loss or damage to property, inconvenience and possible discomfort.  By booking with us, you acknowledge your decision to travel after due consideration of these risks and any other relevant travel information, and you agree to assume all risks associated with the Safari to the maximum extent permitted by Panamanian law. 

5. Disclaimer:  Where we provide services, we do so with due care and skill.  When assessing whether a Safari will operate, we will use information from our local offices, and the decision to run the Safari is made at our sole discretion.  We shall not be held liable for any damage to, or loss of property, or injury to, or death of, persons caused directly or indirectly by an act or omission of ourselves or any other provider, including but not limited to, any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider, and any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent, thereof, or by Force Majeure.  Force Majeure means a circumstance(s) beyond our reasonable control and includes, but is not limited to, war or threat of war, riot, civil strife, rebellion, insurrection, terrorist activity, industrial dispute, theft, disease, sickness, quarantine, epidemics, industrial or nuclear disaster, adverse weather conditions, flood, fire and strikes.  You waive any claim against us & our designated service providers for any such loss, damage, injury, or death, and subsequent loss thereof.
We will not accept responsibility or liability if the client(s) contravene any law or regulation of countries visited, in such a case, the client(s) may be excluded from the Safari, without any refund.  Any independent arrangements that the client(s) make that are not part of our Safari are entirely at their own risk.  As the client(s) are solely responsible for making their own arrangements to arrive at, or depart from, the relevant International Airport/s, the company hereby excludes liability whatsoever and howsoever arising in respect thereof.

6. Cancellation by you:  Notification of cancellation must be made to us in writing.  The date when written confirmation of cancellation is received by us, will determine the charges applicable.  Fees are based on a percentage of the total cost of the Safari, plus any further unrecoverable costs. Fees are calculated as follows, more than 90 days, 50%, 60 to 89 days, 70%, 30 to 59 days, 90% and less than 30 days, 100%.  When cancellation by client(s) on private safaris results in additional costs for remaining clients, such as but not limited to, single supplements and vehicle costs, those must be born in first instance by cancelling client(s) and if necessary by remaining client(s). For this reason, it is compulsory for client(s) to take appropriate travel, cancellation and medical insurance.  If the client(s) do not pay the balance of their booking within 90 days of departure, their booking may be terminated, and they will loose all monies paid.  No refunds will be made if client(s) leave a Safari for any reason after the Safari has begun.

7. Cancellation by us:  We reserve the right in any circumstance to cancel this Safari. If the minimum number of guests is not reached on a group safari, we will offer the client(s) the option of booking onto another Safari, or receiving a full refund of monies paid.  We will not be liable for any delay in, change to, or cancellation of Safaris due to Force Majeure (defined in 5. above). If we do cancel a trip as a result of Force Majeure, or government travel advice, we will offer the client(s) alternative arrangements.  In this case, we will not be liable for any additional costs incurred by the client(s).

8. Safari booking amendments:  If the client(s) need to change their Safari booking more than 60 days before departure, they can transfer to an alternative date or Safari with us for a US$200 per person administration fee and any additional, unrecoverable costs incurred by us resulting from the change.  If the client(s) need to change their Safari booking 60 days or less before departure, and it would result in cancellation of that Safari due to minimum client numbers, the client(s) will be charged 90% of the total cost of the Safari.  However, this amount will be refunded, less US$200 per person administration fee, should new guests subsequently book on that Safari.

9. Changes to itinerary:  It is unlikely that we will have to make any changes to the suggested itinerary.  Occasionally, changes of a minor nature may be made, which we reserve the right to do at any time.  When a major change becomes necessary for any reason, such as but not limited to, accommodation availability, road conditions, new attractions, guide availability & Force Majeure, notification of such alterations will be sent to the client(s) as soon as we become aware.  However, we reserve the right to alter itineraries and accommodation before or after departure because of poor road conditions, weather, vehicle breakdowns, change in transport schedules, accommodation availability or over-bookings, Force Majeure, or other circumstances beyond our control and where such cases result in further costs, these must be borne by the client(s).

10. Authority of Hosts/ the company:  Prior to departure, if we consider the client(s) as unsuitable for a Safari, we may, in our absolute discretion, cancel their booking.  During the Safari, at all times the decision of the Guides will be final on all matters likely to affect the safety and well-being of the Safari & clients.  Client(s) must, at all times, strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited.  Should client(s) fail to comply with the above, or should they interfere with the well-being of guests, or cause inconvenience or annoyance to guests, then the company reserves the right to order the client(s) to leave the Safari immediately with no right of refund.

11. Age restrictions:  We do not recommend children under 6 years of age for Safaris due to the inherent risks involved. Children 6 years and over are accepted at parents’ own risk.  Persons under 18 years must be accompanied by a parent or guardian at all times for entire duration of the Safari.  

12. Feedback:  If the client(s) have any complaint about their Safari, they must make it known at the earliest opportunity to the Safari Guide, who will normally be able to take appropriate action.  If the client(s) are not satisfied with their response and feel their enjoyment of the Safari is likely to be significantly affected they must notify us in writing (email, fax, guest feedback form) and we will do our best to resolve the problem.  If at the end of the Safari the client(s) feel their complaint has not been properly dealt with they must notify us in writing within 7 days of the end of their Safari.

13. Travel Insurance:  Travel insurance is compulsory for all clients.  Before the client(s) commence a Safari, they must arrange their insurance with a reputable insurer, with protection for the full duration of the Safari, to cover such items as personal injury, medical and emergency air evacuation, repatriation expenses, loss of luggage and the expenses associated with cancellation, curtailment or extension of a Safari for whatever reason.  In the event of injury, death, or illness, all hospital expenses, doctor’s fees and repatriation costs are client’(s) responsibility and we shall not be liable for any refund of the Safari cost.

14. Travel documents:  It is the client’(s) responsibility to be in possession of a valid passport, expiring not less than 6 months from end of travel, visa, permits and vaccinations as may be required for the whole of the Safari.  We do not accept responsibility for changes in regulations.  We cannot be held responsible for failure to obtain the necessary visas or entry into the country. Dive certification is required for SCUBA diving activities.

15. Immunisation:  Client(s) must take all immunisations as are required or generally recommended in relation to countries being visited.  A valid certificate of vaccination against yellow fever maybe required when travelling from/ between countries affected by yellow fever.  In addition, we recommend that anyone travelling to developing countries be immunised against typhoid, polio, tetanus, yellow fever and hepatitis and as recommended by your health care provider.  Anti-malarial tablets may also be recommended.  Professional medical advice must be sought before travel.

16. Pre-existing medical conditions:  It is the client’(s) responsibility to advise us of any pre-existing medical conditions that might reasonably be expected to increase the risk of the client(s) requiring medical attention or that might affect the normal conduct of a Safari.  We reserve the right to cancel the client’(s) participation in a Safari at any time, including during their Safari with no right of refund if their medical condition could be reasonably expected to affect the normal conduct of the Safari.  By booking with us, the client(s) certify that they and their party do not have any mental, physical, or other conditions or disabilities that would create a hazard for them or their party.

17. Health & fitness:  Our Safaris are not demanding for people who are healthy and reasonably fit.  Please contact us if you require further advice.  We strongly recommend that client(s) visit their doctor & dentist before their trip to ensure fitness for all activities, including but not limited to SCUBA diving, mountain-climbing and trekking.  Clients(s) must ask their doctor about current immunisation requirements.  We reserve the right at our sole discretion to cancel the client’(s) booking and refund monies paid by the client(s), less any unrecoverable costs as per our cancellation policy (6.), if it is deemed that the client(s) are not suitable for the Safari.

18. Special requests:  If you have special dietary requirements, we must be advised in writing when you make a booking.  We will make every effort to provide special meals throughout the Safari, however, these may not always be available.

19. Publicity:  The client(s) agree that we may use images of them taken during the Safari, their comments, or complimentary letters without recourse or compensation to them for publicity and promotion purposes.  If the client(s) would prefer images of them not to be used, please inform the Driver/Guides at the start of the Safari.

20. Privacy:  Your personal information is collected only to enable us to provide you with our Safari services, and may be used for the purposes of making and completing airline bookings and travel related arrangements on your behalf.  All reasonable steps will be taken to keep this information confidential.  We will not disclose personal information to a third party other than in relation to the above, unless required to do so by law.

21. Severability:  If any part, term or provision of this contract is held to be illegal or unenforceable it shall not affect the validity or enforceability of the remainder of the contract.  Furthermore, if any covenants are held illegal or unenforceable by virtue of its scale, extent or duration, it shall remain valid and enforceable in such reduced scale, extent or duration as any court may decide as being the maximum scale, extent or duration permissible.

22. Jurisdiction & law:  The contract shall be subject to the laws of the Republic of Panama and Panama courts only will have jurisdiction over any dispute arising under this contract.