TERMS + CONDITIONS
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1. The client who signifies his acceptance of a booking does so on behalf of himself and persons under his authority, which means that all are bound by the terms and conditions (‘these terms’) of RAW Photographic as if they had made the application themselves.
2. All estimates or quotations provided by, or bookings made with RAW Photographic are subject to these terms.
3. A non-refundable deposit of 40% is required within 14 days of booking or by a date specified by RAW Photographic. This deposit is accepted as part of the inclusive fare and will only be refunded if the application cannot be accommodated unless due to circustamces related to COVID. Cancellation of booking, once deposit is paid, forfeits the deposit.
4. The full amount due by the client to RAW Photographic shall be payable no less than 8 weeks prior to the date of departure. If the full amount is not paid in due time, RAW Photographic reserves the right to treat the booking as cancelled. Bookings made within 8 weeks of the departure date must be paid in full immediately.
5. If a booking is cancelled by the client within 8 weeks of departure, RAW Photographic shall retain the full deposit and a cancellation fee will be payable equal to 100% of the total inclusive fare.
6. If the trip is cancelled due to COVID related reasons, the trip will be postponed to the same, or agreed time, the following year. No refunds will be given and the deciding time and date of any cancellation / postponing is at the discretion of RAW Photographic.
7. Should the client amend his booking at any stage, either in the form of a date change, itinerary amendment or any other change whatsoever, RAW Photographic reserves the right to charge an amendment fee per booking. Booking changes may be made only up to 8 weeks in advance of the booked trip.
8. RAW Photographic, who reserves the right to and shall be entitled to cancel any tour or product sold prior to departure, shall be obligated to refund all amounts received from the client, who shall have no further claim of any nature whatsoever against RAW Photographic arising out of such cancellations that are not related to COVID and consequent travel restrictions.
9. Should a client fail to join a tour, or fail to use the accommodation/services booked by RAW Photographic on their behalf, for any reason whatsoever, no refund or liability will be accepted by RAW Photographic.
10. RAW Photographic provides clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry. RAW Photographic represent such principles as agents only accordingly and accept no liability for loss, damage, injury or death which any client may suffer as a result of any act or omission on the part of or the failure of such principals to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. Any right of recourse the client may have, will be solely against the principal.
11. Cancellation, medical & repatriation insurance is compulsory for all RAW Photographic bookings, and it is the clients responsibility to arrange such insurance. It is strongly recommended that clients also take out insurance to cover emergency travel and accommodation, lost baggage and any other cover the clients deem fit.
12. The client acknowledges that the fare and itinerary specified, may be varied by RAW Photographic, without notice to the client, at the discretion of RAW Photographic and provided the itinerary and price is not substantially different from the itinerary that the client anticipated enjoying, the client shall not be entitled to cancel the contract. Fare increases may occur, inter alia, due to any increase in fuel costs, game reserve fees, or fluctuation of exchange rates. Should the group number fall below the minimum number required for the booking, RAW Photographic reserves the right to re-cost the fare and raise a surcharge. Should any clients refuse to accept and pay such surcharge, RAW Photographic reserves the right to cancel the tour and retain deposit.
If you are a single traveller, we will do our best to find a suitable person to share the room/tent, should you request it. If we are unable to find a suitable person, you will be placed in a single room and charged the single supplement fee. We will endeavour to place a participant seeking shared accommodation with another compatible, participant requiring the same. Prior to allocating shared accommodation to participants not known to each other, subject to their approval, we will introduce the participants to each other, to check if both are happy to share the room/tent. In the event they do not wish to share the room/tent and a compatible, participant is unavailable to share a room/tent; all participants occupying unshared rooms/tents on the tour will be required to pay the single supplement cost. Whilst we will, of course, make every effort to assist, we will not be responsible for securing compatible travelling companions for those seeking shared accommodation.
13. This photo safari is designed to be within the capabilities of average people in good health. Some of the time participants may be required to walk over uneven terrain or trails, stepping into and out of Land Cruiser type vehicles, occasionally hiking over short distances - while carrying an assortment of sometimes heavy camera equipment. If you have concerns about your own capabilities and/or fitness as it relates to this trip, please enquire with RAW Photographic before booking for a trip.
By forwarding a signed Registration Form and paying the initial non-refundable deposit, you warrant that, to the best of your knowledge, you do not have any physical or other disability that would create a risk for you or other trip participants. RAW Photographics agent’s judgment will ultimately determine an individual’s ability to embark upon the photo safari. Once a booking has been accepted, medical circumstances will not be considered as exceptions to the cancellation policy. RAW Photographic assumes no responsibility for medical care.
14. If you sustain an injury or become ill on the photo safari, RAW Photographic reserves the right to continue the photo safari for the benefit of other participants. RAW Photographic will make every effort to assist you while at the same time trying to minimize interruption to the photo safari. RAW Photographic reserve the absolute discretion, in the event of behaviour detrimental to other persons, to decline any person’s participation at any time during the photo safari and cancel that person’s participation in the photo safari, in which case any refund will be forfeit.
15. The client acknowledges that it is solely his/her responsibility to ensure that he/she is in possession of the necessary travel documents and vaccinations that may be required in respect of the proposed tour and itinerary as well as all health and other certificates that may be required from time to time. RAW Photographic will endeavour to assist the client but such assistance will be at RAW Photographic’ discretion and the client acknowledges that in doing so, RAW Photographic is not assuming any obligation or liability and the client indemnifies RAW Photographic against any consequences of non-compliance.
16. RAW Photographic and/or its agents act only as agents for the participants in this photo safari, in regard to travel arrangements including, but not limited to, sightseeing, meals, lodging and transportation, whether by railroad, vehicle, motor coach, boat, ship or aircraft. To the fullest extent permitted by law, RAW Photographic and/or its agents, disclaim liability for injury, damage, loss, or delay which may be occasioned by reason of a defect in any vehicle or for any other reason whatsoever, or through the acts or default of any company or person engaged in conveying the participant or in carrying out the arrangements of the photo safari.
RAW Photographic and/or its agents accepts no responsibility for losses or additional expenses due to delay or other changes in air or other services, sickness, weather, strike, war, quarantine or other causes.
All such losses or expenses are borne by the participant, as the photo safari costs provide for arrangements only for the times and locations stated. Baggage, including photographic equipment is at the participant’s risk entirely, and as an insurable risk.
Reasonable care has been taken to compile the information in this and the other documents pertaining to this photo safari but circumstances change. For example, airline schedule changes, airline fuel charges, taxes and operational costs are subject to change. RAW Photographic and/or its agents are not responsible for changes that occur and reserve the right to change the date of the trip and / or the price up to the date of commencement of the photo safari. Changes in price may also include adjustments for adverse currency exchange fluctuations.
The right is reserved by RAW Photographic to (i) substitute hotels/lodges/tents/camps of similar category for those indicated and to make any changes in the itinerary or transport where deemed necessary or caused by changes in schedules or equipment substitution; (ii) cancel the photo safari prior to departure, in which case a refund of all payments received for the package will be given. (However, in such event RAW Photographic and/or its agents will not be, responsible for any other trip preparation expenses such as penalized or non-refundable air tickets, visa fees and medical related expenses); (iii) substitute photo safari leader(s) for the leader(s) originally specified, in which case the substitution is not a basis for participant cancellation or refund, and (iv) accept or refuse any person as a participant in the photo safari.
In the event that, at the sole discretion of RAW Photographic, it is necessary or advisable for the photo safari to be cancelled due to such events as outbreak of conflict, government intervention, or withdrawal of access/traffic rights, or in the event of insufficient numbers being available, the refund of all monies paid, pro rata if applicable after commencement, shall constitute a full and final settlement by RAW Photographic and their agents of any obligations to participants. The operation of the photo safari is at the sole discretion of RAW Photographic, having in mind the welfare of all participants and the safe and prudent operation of the itinerary and program.
The Registration Form must be completed and signed by each participant at the time of paying the first deposit. Participation will be declined in the absence of a completed and signed form.
17. The client agrees that he/she will at all times comply with RAW Photographic in regard to his/her conduct.
18. When the client is travelling with persons under his/her authority, he/she warrants that he/she is authorized to bind every member to the terms of the contract.
19. Where RAW Photographic has its own guide leading the safari; even with other tour leaders, all authority for leading the trip will be held by the RAW Photographics guide. The RAW Photographic guide will always collaborate with the other tour leaders on the safari, but authority on the running of the safari, the behaviour of the other tour leaders and the management of the clients during transfers as well as game drives remains with the RAW Photographic guide.
20. These terms constitute the entire terms of the relationship between parties. There exists no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship, and the client acknowledges that he/she has not relied on any matter or thing stated on behalf of RAW Photographic or otherwise that is not included herein.
21. Clients, who have special requests, must specify such requests to RAW Photographic during the booking process. Whist RAW Photographic will always endeavour to accommodate such requests; it does not guarantee that it will always be possible.
22. No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the client and a duly authorized representative of RAW Photographic.
23. No refunds will be considered in any circumstances whatsoever, although RAW Photographic may, in its sole discretion, consider a refund in the event of death or serious illness of the client.
24. RAW Photographic will under no circumstance be liable for any claim whatsoever, unless such claim is due to the gross negligence of RAW Photographic and such claim is lodged in writing with RAW Photographic within 30 (Thirty) days after the end of the tour. Such Liability will be subject to a limitation of R10 000,00 per client and under no circumstances will RAW Photographic be liable for any indirect or consequential loss or damage.
25. South African laws and the jurisdiction of South African courts will govern the relationship between the client and RAW Photographic.
26. The client will be liable for all legal fees on an attorney and own client scale in the event that RAW Photographic has to engage a lawyer to enforce any of its rights or otherwise.
27. Payment received from clients in the form of a deposit and/or full payment for a service forms a binding agreement between the client and RAW Photographic for the agreed services and is bound by RAW Photographics terms and conditions.
28. All image and intellectual rights of RAW Photographic employees and subcontractors are the property of those individuals. These rights will remain with the individual till perpetuity and cannot be impinged on. Sub-contractors working for RAW Photographic have the right to take photographs while working. RAW Photographic will not enter into discussion regarding image rights. Clients will not have the right to impinge on RAW Photographic employees from taking photographs.
29. Please be aware that all Credit Card and PayPal payments will attract a surcharge onto the invoice amount. Direct deposits and international transfers do not attract a surcharge and should land in our account for the exact invoiced amount.
COVID-19 RISK MITIGATION PROTOCOL
Naturally and understandably, there are a lot of concerns regarding travel given the recent Covid-19 pandemic and subsequent travel bans and restrictions.
We're working closely with our partner lodges, camps, reserves, parks and transfer companies to ensure that your health and safety is absolutely paramount. As such, every aspect of your trip will be conducted under the strict protocols and sanctions put in place by the goverment and tourism agencies that we will be operating in. This includes South Africa, Kenya, Tanzania and Zambia.
We're booking trips for 2022 and 2023 at a time when updates and changes are happening so frequently, it's impossible to have a blanket set or protocols that covers every location of our operations. As such, we will refer to you the specific information and documentation needed based on your location and itinerary. This insures that we are at no time falling behind in our information on how we, and our partners, intend to keep you safe and comfortable during your trip. All of the protocols align with the latest Disaster Management and Department of Employment and Labour (DoEL) Regulations, and the World Health Organisation (WHO), National Institute for Communicable Disease (NICD), and Department of Health (DoH) guidelines and advice, as well as the Health & Safety Act.