Please peruse and consider the entirety of the contents of these terms and conditions as your payment and subsequent participation in the Safari and related activities serves as proof of your acceptance thereof.
1. BOOKING FEES:
1.1. Price per person sharing is the amount quoted by Panthera Photo Safaris as amended from time to time (Note: Attendees do not have to be photographers to book this option);
1.2. Where available, single room supplements will be quoted and invoiced at the rates provided by Panthera Photo Safaris as amended from time to time.
2. BOOKING FEES INCLUDE
2.1 X-day (X-night), Photo Safari (“Safari“) in a Private Reserve;
2.2. Accommodation and meals (breakfast, high tea, and dinner); and
2.3. 8x game drives (limited to 6 photographers per vehicle) accompanied by an experienced photographic guide, field guide and tracker.
3. BOOKING FEES DO NOT INCLUDE:
3.1 Transport to and from the Safari;
3.2 Any meals and beverages not specifically included under Clause 2;
3.3 Any activities not specifically included under Clause 2.
4.1. Bookings will only be secured upon receipt of a 50% deposit of the total booking value and must be received by Panthera Photo Safaris within 14 days from date of acceptance of quotation.
4.2. Provisional bookings (with payment plans) may only be extended to bookings made at least 90 days prior to arrival.
4.3. Any payments made to Panthera Photo Safaris, whether in part or in full, shall constitute the acceptance of these terms and conditions as well as related indemnity, conduct and booking conditions as stipulated to by Panthera Photo Safaris and third-party suppliers.
4.4. All payments shall be made by way of electronic funds transfer (EFT), wire transfer and/or credit card into the nominated bank account of Panthera Photo Safaris as per quotation/invoice. It remains the sole responsibility of the attendee to ensure that the total booking amount is received into the bank account of Panthera Photo Safaris without set-off or deduction, free of bank charges and without loss/gains through foreign exchange rate fluctuations/conversions. Proof of payment, to the satisfaction of Panthera Photo Safaris, must be e-mailed to firstname.lastname@example.org to secure/confirm a booking.
5. REFUND AND CANCELLATION POLICY
Should Safari reservations/bookings be cancelled, for whatever reason, the following cancellation fees, and terms, apply:
5.1 Prior to 120 days before commencement of the Safari = 30% of the full booking price shall be due and payable to Panthera Photo Safaris;
5.2 60 – 119 days before commencement of the Safari = 50% of the full booking price shall be due and payable to Panthera Photo Safaris; and
5.3. Less than 60 days prior to the commencement of the Safari: 100% of the full booking price shall be due and payable to Panthera Photo Safaris.
5.4. Any refunds extended to attendees will be subject to the deduction of all bank charges or fees incurred by Panthera Photo Safaris in processing the refund. Charges and/or fees incurred may include, but not be limited to any loss in exchange rate fluctuations/conversions, South African Reserve Bank charges for conversion of foreign currency and general transactional bank charges.
5.5. All refunds will be processed and paid in ZAR at the prevalent exchange rate at date of refund.
6. FORCE MAJEURE
6.1. Force Majeure means the occurrence of an event or circumstance that prevents or impedes a party from performing one or more of its contractual obligations under this contract, if and to the extent that that party proves:
[a] that such impediment is beyond its reasonable control; and
[b] that it could not reasonably have been foreseen at the time of the conclusion of the contract; and
[c] that the effects of the impediment could not reasonably have been foreseen, avoided, or overcome by the affected party.
6.2 In the absence of proof to the contrary, the following events affecting a party shall be presumed to fulfil the definition of force majeure:
[i] war (whether declared or not), hostilities, invasion, acts of foreign enemies, extensive military mobilisation;
[ii] civil war, riots, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage, piracy and/or extremism;
[iii] currency and trade restriction, embargo, sanction;
[iv] act of authority whether lawful or unlawful, compliance with any law or
governmental order, expropriation, seizure of works, requisition, nationalisation;
[v] plague, epidemic, pandemic, natural disaster, or extreme natural event;
[vi] explosion, fire, destruction of equipment, prolonged break-down of transport,
telecommunication, information systems or electricity;
[vii] general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of premises.
6.3. A party successfully invoking force majeure is relieved from its duty to perform its obligations under the contract and from any liability in damages or from any other contractual remedy for breach of contract, from the time at which the impediment causes inability to perform, provided that the notice thereof is given without delay. If notice thereof is not given without delay, the relief is effective from the time at which notice thereof reaches the other party.
6.4. Where the effect of the impediment or event invoked is temporary, the above consequences shall apply only as long as the impediment invoked impedes performance by the affected party. Where the duration of the impediment invoked has the effect of substantially depriving the contracting parties of what they were reasonably entitled to expect under the contract, either party has the right to terminate the contract by notification within a reasonable period to the other party. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 60 days and postponement of the Safari is not reasonably possible.
7. ITINARARY AND GUIDES
7.1. The activities in the itinerary will be followed as closely as possible but variations may occur to ensure that the overall aims of the Safari experience are achieved, with the safety of staff and attendees always paramount.
7.2. The advertised guides may be changed, without notice, at the sole discretion of Panthera Photo Safaris.
8.1. Since the services and itinerary provided by Panthera Photo Safaris and its suppliers are bespoke in nature and tailored, as far as reasonably possible, for the attendees, the parties agree that the cancellation terms and fees are reasonable and necessary.
8.2. All attendees are obliged to acquire and maintain comprehensive travel insurance that include trip cancellation and curtailment extensions. Failure to provide proof of the requisite insurance will constitute a material breach of the agreement between Panthera Photo Safaris and attendees and attract the relevant cancellation terms and fees.
8.3. All Safaris consist of services and activities provided by third-party suppliers who are not affiliated to Panthera Photo Safaris. Attendees are therefore advised to acquire, peruse, and consider the relevant terms of service of all such suppliers. Panthera Photo Safaris will, upon request, source and provide said terms of service for and to attendees.
8.4. The contents of the Agreement as well as the interpretation, enforcement and fulfilment of the terms thereof shall be subject to the jurisdiction of South African Laws and the Courts of South Africa.
8.5. Any notice to be given by either party to the other shall be given in writing and transmitted via e-mail.
8.6. Attendees may be suspended from participation on the Safari, with no right to claim damages, expenses or losses from Panthera Photo Safaris or its suppliers, should they refuse to heed to reasonable instructions from staff (including, but not limited to, adherence to health and safety protocols, disturbances of other attendees or guests, failure to obey the regulations, rules and laws of suppliers and countries visited).
8.7. Although every reasonable effort is made to offer the best experience to attendees, no guarantees can be made in re sighting of specific game, bird and other wildlife species.