Terms and Conditions
GENERAL TERMS AND CONDITIONS
The following Information, Terms and Conditions form the basis of your contract with safariFRANK Pty Ltd (hereinafter "safariFRANK"). In these Terms and Conditions, ‘you’ and ‘your’ means and covers all persons named on the Booking Form.
2. HOW TO BOOK YOUR TRAVEL ARRANGEMENTS
To accept the offer of safariFRANK set out in the Invoice, you must pay to safariFRANK the deposit set out in the Invoice. safariFRANK is under no obligation to you to book the travel arrangements unless and until the fully completed Booking Form and the deposit are provided to safariFRANK.
Upon receipt of your fully completed Booking Form and payment of your deposit by safariFRANK you will be legally bound to these terms and conditions. A contract will exist at this point, even if we are unable to confirm your flight details at that time. The invoice will show the balance due on your holiday that still has to be paid and also your flight details (where applicable and/or available).
3. PAYMENT OF THE DEPOSIT
We will require a deposit to secure your booking within 7 days of receipt of our Invoice. After this time if your deposit has not been paid then your booking will be automatically cancelled.
The payment of the deposit OR any other partial payment for a booking constitutes consent to all provisions of the Terms, Conditions and general information contained in the Company's brochures, invoice and travel documents. The terms under which you agree to take these safaris cannot be changed or amended except in writing signed by an authorised officer of the safariFRANK. The deposit paid is not refundable for any reason whatsoever.
4. CHECK ON TRAVEL ARRANGEMENTS.
Upon your providing to safariFRANK the completed and signed Booking Form and deposit, safariFRANK will provide you with a travel pack containing details of the travel arrangements for your safari. You must make certain that all details of your travel arrangements are correct within that travel pack. You must advise safariFRANK within 7 days of the date of the provision of the travel pack of any error that is contained in the travel arrangements. Upon expiry of the 7 days, you are deemed to have accepted all of the travel arrangements as set out in that travel pack.
5. PAYMENT FOR TRAVEL ARRANGEMENTS
You agree to make payment for the travel arrangements strictly in accordance with the schedule set out in your Invoice.
If you fail to make payments in accordance with the schedule, then upon that failure, you will be in default under the terms and conditions of this agreement and the travel arrangements contained in your Invoice will be cancelled as at the date of default and an amount of the deposit will be forfeited pursuant to clause 11, Cancellation Charges.
6. EXCHANGE RATES
The invoice is based on the ANZ's foreign exchange rates for currency transactions as at the date of the invoice ("the rates"). Should the rates vary after the date of the invoice and before payment of travel bookings by safariFRANK which result in an increase in the costs of the travel arrangements, you agree to pay those increased costs within seven days of receipt of a further invoice. If you fail to make payment on the further tax invoice within seven days you will be in default under the terms and conditions of this agreement and the travel arrangements contained in your invoice will be cancelled as at the date of default and an amount of the deposit will be forfeited pursuant to clause 11, Cancellation Charges.
7. CHANGES TO TRAVEL ARRANGEMENT COSTS
The invoice is based on the travel arrangement costs from third party providers as advised at the date of the invoice ("the travel costs"). Should the travel costs (including by not limited to costs of airfares) vary after the date of the invoice and before payment of travel bookings by safariFRANK which result in an increase in the travel costs, you agree to pay those increased costs within seven days of receipt of a further invoice. If you fail to make payment on the further tax invoice within seven days you will be in default under the terms and conditions of this agreement and the travel arrangements contained in your invoice will be cancelled as at the date of default and an amount of the deposit will be forfeited pursuant to clause 11, Cancellation Charges.
8. ADDITIONAL COSTS FOR YOUR PAYMENT
If you arrange a method payment of the Invoice which incurs a cost to safariFRANK (including but not limited to credit card fees, Paypal fees or bank charges) you agree to pay that cost within seven days of receipt of a further invoice. If you fail to make payment on the further tax invoice within seven days you will be in default under the terms and conditions of this agreement and the travel arrangements contained in your invoice will be cancelled as at the date of default and an amount of the deposit will be forfeited pursuant to clause 11, Cancellation Charges.
9. CHANGES TO TRAVEL ARRANGEMENTS- BY YOU (“YOUR CHANGES”)
You may alter travel arrangements after having paid the deposit, but only by giving a written instruction to safariFRANK as to the changes required. Each change will attract an administration fee of $100 per person and any increased cost occasioned by the change will be the subject of a tax invoice provided by safariFRANK to you. Should you fail to make payment of the amount on the tax invoice within 7 days of the issue of same, you are deemed to be in default under this agreement and the travel arrangements are deemed cancelled as at the date of that default and an amount of the deposit will be forfeited pursuant to clause 11, Cancellation Charges.
10. CHANGES TO TRAVEL ARRANGEMENTS BY safariFRANK (“safariFRANK CHANGES”)
You acknowledge and agree that for a whole series of reasons, including but not limited to ensuring your own personal safety, safariFRANK may have to alter the travel arrangements up to and including and throughout the travel period. You agree that no claim for compensation can or will be made against safariFRANK if such a change has to be made, as long as the change is made on the basis of reasonable justification and that alternative arrangements are put in place by safariFRANK that are of reasonably the same quality as those set out in the travel arrangements.
11. CANCELLATION CHARGES
You may cancel your travel arrangements but only by providing safariFRANK with a written notice of your intention to do so. If you cancel your travel arrangements, the following cancellation fees will apply depending on when your notice of cancellation is received:
- 75 days or more prior to departure – you will forfeit the deposit paid;
- between 75 and 30 days prior to departure – you will forfeit of 50% of the cost of the travel arrangements;
- 30 days or less prior to departure – you will forfeit entire cost of the travel arrangements; as shown on the Invoice, or applied because of your changes.
The calculation of the cancellation fees above is subject to the cancellation policy of any third party tour operator, supplier or airline company and where such third party has a cancellation policy different to that set out above then that policy shall apply to whatever portion of the deposit applies to the costs owing to that third party provider.
12. REFUNDS FOR UNUSED PORTION OF TRAVEL ARRANGEMENTS
You acknowledge and agree that the travel arrangements are a package and that you cannot select to only undertake portion(s) of the travel arrangement and be refunded in whole or in part for those portions unused. If you choose not to undertake any part of the travel arrangements, you will not be entitled to any refunds for those travel arrangements.
13. TRAVEL INSURANCE
Travel Insurance, including comprehensive medical cover, is your responsibility and is an essential requirement for all travel arranged by safariFRANK. You acknowledge and agree that where you request safariFRANK to book travel insurance on your behalf, safariFRANK does so solely as your agent to insure with your selected insurer. You further warrant and represent to safariFRANK that you have undertaken a due diligence of the company providing you with such insurance and have satisfied yourself that the travel insurance is adequate to insure risks applicable to your particular circumstances. You acknowledge and agree that you do not in any way rely upon advice from safariFRANK, nor do you expect safariFRANK to be an expert in the selection of the insurer, the insurance package, the policy or the premium rate to be paid by you to the insurer in respect of the provision of the policy or the terms and conditions of the policy and as to whether, in the circumstances of you and the travel arrangements, the insurance is adequate to protect you. safariFRANK is not an expert in travel insurance, the selection of the supplier of travel insurance or in the terms and conditions that form part of a travel insurance policy, nor is safariFRANK an expert in appreciating the cost that should be occasioned to the client for payment of the premium in relation to such insurance. You agree and acknowledge that in arranging such travel insurance for you, that you and safariFRANK are not entering into any contract for safariFRANK to so provide advice as to, or to supply such insurance policy and that safariFRANK is acting solely as your agent to perform the act of obtaining insurance from your selected insurance provider.
You acknowledge and agree that DFAT travel warnings may void travel insurance, and that it is the responsibility of you to monitor warnings.
To the fullest extent possible at law, you release and forever discharge and hold harmless safariFRANK from any action, claim, demand, loss, damage, cost and expense in relation to your travel insurance and you indemnify and hold indemnified safariFRANK from and against every action, claim, demand, loss, damage, cost and expense which the safariFRANK may sustain, incur or become liable for in respect of your travel insurance in respect of your travel insurance.
14. PASSPORTS & VISAS
You agree and acknowledge that it is your obligation, at all times, prior to, at the time of and throughout the travel arrangements for you to hold the appropriate passport, visas and any other travel and immigration documentation or authorisations in order to be able to undertake and complete the travel arrangements. You acknowledge and agree that whilst safariFRANK may assist in obtaining the necessary visas to assist you in being able to undertake the travel arrangements, that the rules and regulations in relation to the issue of the visas, particularly in the countries to be visited by the client during the travel arrangements, change and do so without notice and that it is solely your responsibility to ensure that you have appropriate travel and immigration authorisations at all times. You agree and acknowledge that although safariFRANK may have assisted the client in obtaining such visas, the client does not rely upon safariFRANK to have provided correct visas that comply with the then current law of any country which you enter, or intend to enter, during the travel arrangements.
You agree and acknowledge that it is required by some jurisdictions to have at least two blank pages facing each other in the passports of all clients.
You agree and acknowledge that for travel to South Africa with a minor(s) (person(s) younger than 18 years) it is required to have an unabridged birth certificate or equivalent document for such person(s). It is also a requirement to have a parental consent affidavit from all the parents of the minor not travelling with the minor. You should consult with the South African embassy in your country of residence in this regard.
15. FORCE MAJEURE
You agree and acknowledge that your travel arrangements will involve travel to areas where levels or crime and political and civil unrest are much higher than in Australia and where levels of law enforcement and emergency services may be much lower than in Australia.
safariFRANK cannot and will not be held responsible or liable by you for changes:
- to itineraries and accommodation and in relation to travel arrangements as a result of any matter, manner or thing outside of the care and control of safariFRANK, including inclement weather, civil unrest, Acts of God and the like;
- in local conditions and events whether unpredictable, or predictable.
16. THE CLIENT ASSUMES THE RISK OF ENTERING UPON THE TRAVEL ARRANGEMENTS
You agree and acknowledge and warrant to safariFRANK that you have undertaken and will continue to undertake up to, including and throughout the period of travel in the travel arrangements, extensive due diligence and use ongoing due care and consideration in relation to your travel arrangements. You acknowledge and agree that the travel arrangements are to take place in countries and regions and under circumstances where (not necessarily in the travel arrangements):
- standards of health care;
- the provision of trauma and health services;
- standards of hygiene generally;
- standards in food preparation;
- occupational health and safety rules, regulations and training;
- the provision and wearing of safety equipment; and
- safety checks on transport, equipment, vehicle, aeroplanes and equipment; used and/or provided in the travel arrangements, are or may be of a lesser standard (and substantially so) than in Australia.
You acknowledge and agree that the provision and requirements for wearing of safety equipment for potentially hazardous activities, provision of emergency equipment and trained manpower; training of staff in emergency procedures and safety measures, equipment and procedures generally may not be up to the standard of first world countries and may, in fact, be substantially below that standard or non-existent. You agree and acknowledge that you accept that as a result of the travel arrangements, those travel arrangements may involve potential and actual exposure by you or a person or persons accompanying you during the period of travel to injury and possibly death ,.
You acknowledge that there are significant risks in undertaking the travel arrangements, including but not limited to the following:
- Risk of being injured while travelling in a motor vehicle;
- Risk of physical injury or death as a result of, including but not limited to walking, riding, cycling, canoeing and camping through wilderness environments;
- Personal injury or death as a result of swimming, traversing rivers or other immersion in aquatic environments;
- Risk of being injured or killed by wild animals;
- Risk of food poisoning and allergic or other adverse physical or mental reactions to consuming or contacting wild flora and fauna;
- Risk of personal injury or death as a result of assault, kidnapping or other crimes against your person; and
- Other risk of personal injury or death arising out of travel arrangements in unpredictable geographical regions.
You acknowledge that you have and continue to undertake extensive due diligence in relation to the travel arrangements include checking DFAT travel warnings in relation to that or those places in the travel arrangements to which you are to travel. You agree and acknowledge that
you have satisfied yourself as to whether or not it is safe to travel to the destinations so stated on the travel arrangements.
You also agree and acknowledge that any such due diligence has been undertaken up to and including the time of travel and during the period of travel.
Depending on the particulars of your travel arrangements, you may be required to sign additional liability waivers and if you refuse to sign those waivers safariFRANK may refuse to allow you to participate in those parts of the travel arrangements and you will not be entitled to any refund for those parts of the travel arrangements.
You agree and acknowledge that your travel is entirely at your own risk and to the fullest extent possible at law, you release and forever discharge and hold harmless safariFRANK from any action, claim, demand, loss, damage, cost and expense in relation to any personal injury, death or loss or damage to personal property that you may suffer and you indemnify and hold indemnified safariFRANK from and against every action, claim, demand, loss, damage, cost and expense which the safariFRANK may sustain, incur or become liable for in respect of personal injury, death or loss or damage to personal property that you may suffer.
17. WHAT IS INCLUDED IN AND WHAT IS EXCLUDED FROM TRAVEL ARRANGEMENTS
You acknowledge and agree that the only services to be provided are those specifically set out on the Invoice and in the travel pack, and no more and as a consequence all other experiences that may be had whilst the travel arrangements are in place, are entirely at your own cost and must be obtained yourself from other third party service providers ("Third Party Providers"). The following is non-exclusive list of things which are not included as a part of the travel arrangements and which you may need to obtain from Third Party Providers:
- personal travel insurance, including comprehensive medical insurance;
- travel insurance;
- visa, passport and vaccination charges;
- airport departure and airline taxes;
- any meals, transport costs, accommodation costs or other expenses that are not included in the travel arrangements;
- laundry, postage, personal clothing, medical expenses and items of a personal nature;
- emergency evacuation and/or emergency search charges;
- additional expenses caused by delay, accidents or disruption to planned itineraries;
- tipping and excess baggage charges;
- beverages (unless as otherwise in specified in the Invoice); and
- any item not specifically detailed as included in the travel arrangements.
Where safariFRANK identifies a Third Party Provider who can supply to you the appropriate goods and services to allow you to be able to undertake the travel arrangements, on your instructions, safariFRANK may arrange for that Third Party Provider to supply those goods and/or services to you.
At no time is safariFRANK an agent for the contractors nor are those contractors an agent for safariFRANK.
In each circumstance, the Third Party Provider’s own terms and conditions will apply to your contract with your Third Party Provider. Please ensure you obtain a copy of these from your Third Party Provider before or at the time of booking or accepting goods or services to ensure that those terms are acceptable to you. Please note: safariFRANK does not have any liability to you in respect of goods or services provided by Third Party Providers. In any event, if we are found liable to you on any basis, our liability and/or obligations to you or your Third Party
Provider will be no greater or different to the liability and obligations we have under these booking conditions to consumers who have a contract with us. In any such situation we will be fully entitled to rely on all defences, exclusions and limitations contained in these terms and conditions.
18. YOUR HEALTH, FITNESS AND EXPERIENCE
You acknowledge and agree that safariFRANK has made no enquiry whatsoever as to your fitness, health, experience or otherwise to be able to undertake the travel arrangements and activities and to complete them in accordance with those set out in the Invoice, or at all. In this regard, you acknowledge that you have undertaken whatever steps are necessary in order to check your health and physical condition and considered your ability, having regard to your health, physical condition and experience, to undertake in the activities set out in the travel arrangements.
If you have a condition that we reasonably decide may seriously affect the enjoyment, health or safety of you, one of our staff or any other participant, safariFRANK may determine that you may not participate in any particular part of your travel arrangements. Such decisions will be made giving reasonable consideration to your circumstances and safariFRANK will advise you of our decision as soon as possible.
19. WARRANTIES, CONSUMER GUARANTEES AND LIMITATION OF LIABILITY
Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms and conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these terms and conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("ACL") or any other applicable law that cannot be excluded, restricted or modified by agreement.
Except as required by the ACL, the liability of safariFRANK for a breach of a non-excludable guarantee referred to above is limited, at safariFRANK's option, to:
in the case of goods supplied or offered by us, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
in the case of services supplied or offered by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Subject to your rights under the ACL, safariFRANK will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your travel arrangements or any others goods or services supplied to you by safariFRANK.
SafariFRANK reserves the right to ask any client to leave a tour should they act in a manner deemed inappropriate towards other people or the environment.
You agree that safariFRANK may terminate this agreement, cancel any travel arrangements and refuse to provide any service in the following circumstances:-
- You act in an inappropriate or dangerous manner towards any clients, staff of safariFRANK or staff of any Third Party Providers;
- You act in an inappropriate manner towards any animals or the environment in any travel destination;
- safariFRANK believes that you are at risk of harm, trauma, injury or damage.
In the event that safariFRANK takes any action pursuant to this clause, safariFRANK will not be liable for any direct, indirect or consequential loss you may suffer.
The laws of Queensland, Australia shall apply to this agreement and anything that emanates there from. In respect of any dispute, claim or demand in relation to this agreement and anything related either directly or indirectly to it, including the provision of and the enjoyment of the travel arrangements by the client, the parties agree to and submit to the exclusive jurisdiction of the Court of Queensland and no party shall bring any application or other originating process to transfer any proceedings to a Court or registry in any other jurisdiction.