PREAMBLE

Organising extraordinary expeditions and events, mostly around extreme and endurance sports activities is our main business. Our in-depth knowledge of Africa, passion for being active, love of travel and nature forms the foundation on which we serve our clients.

As the operator, or working closely with our local partners on the ground where needed, we strive to fulfill our clients’ dreams, taking into consideration their preferences and budget as far as possible.

These are the services we offer you and in order to ensure a correct understanding between ourselves and to clarify our relationship, please see below terms and conditions. These terms and conditions govern our relationship, and the terms of the services offered and accepted when making use of our service. Please familiarise yourself with this before entering into a contract with us as doing so means that you have agreed to be bound by these terms and conditions.

Feel free to contact us if any matter requires clarification and/or if you prefer to obtain independent advice.

IMPORTANT

These are not standard holidays. Climbing to a high altitude and paragliding/hang gliding are genuinely dangerous things to do. The effects of altitude are not just physical, but also have a dynamic impact on the performance of a paraglider. These expeditions are for experienced paragliders/hang gliders who understand the risks involved. If you are considering this trip to tandem paraglide as a passenger with a friend, you must have flown as a passenger prior to the expedition.  Contact us to discuss the experience level required. We reserve the right before accepting a booking to request proof of your aviation license (hang gliding/paragliding) and a copy of your logbook.    

CONTENT

APPLICATION – All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf of Paraglide Kilimanjaro (www.paraglidekilimanjaro.com) (‘the Company’) are subject to these terms and conditions (‘the Conditions’) and the terms and conditions of various third party providers of services and/or goods (i.e. airlines, tour operators, hotels, cruise companies etc.) who the Company requests on your behalf to render services or provide goods to you (‘Suppliers’ and ‘Supplier Conditions’). Please note that even if the aforesaid liaison with the Company does not culminate in a booking, the Conditions will apply to all enquiries addressed to and/or advice, quotations or estimates provided by or discussed with the Company.

THE CLIENT AND AUTHORITY-The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered or goods supplied, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered

(collectively referred to as ‘the Client’).

1. DEFINITIONS

“Paraglide Kilimanjaro” (www.paraglidekilimanjaro.com), a division of XC Africa (Pty) Ltd. (‘The Company’, ‘The Expedition Organisers’, ‘us, ‘our’, ‘we’) (CRN 2023/513435/07) registered as a private company (limited) in RSA. Hereinafter collectively referred to as ‘the Company’.

“You or Your” – refers to the client as defined.

“Client” – refers to the person/s who is/are named and identified on the booking form as the confirmed party/ies departing on the Trip or activity and by being so named contracts and is held bound by the Conditions not withstanding that not all the person/s might have signed the booking form and that an agent might have made the booking, in which case such agent will be similarly bound. All such person/s named in the booking form shall be jointly and severally liable for the due performance of their obligations in terms hereof and agree to be bound by the terms and conditions contained herein.

““Trip” – refers to any tour, expedition, activity, safari or similar booking made with the Company and as described on the booking form and itinerary attached thereto, as applicable.

“Services” – refers to and includes but is not limited to, the Trip as well as the procurement of the accommodation, transfers by the Company on behalf of the client with third party suppliers of various establishments relating to the tourism industry and including all services incidental thereto.

“Supplier/s” – refers to the third party with whom the Company books services on behalf of the client, including but not limited to tour operators, accommodation establishments, transport providers, safaris and so forth.

“All Business” conducted in terms of the Conditions and Supplier Conditions. All clients doing business with the Company will be deemed to have read and accepted to be bound by the Conditions and, where applicable, that of Suppliers. For the interpretation of these terms and conditions the headings are to be used for reference only and do not aid in the interpretation of the contents.

Any reference to gender includes reference to both genders and any reference to natural persons will include reference to legal entities. Any reference to singular shall include reference to plural and vice versa.

When applying or interpreting the Conditions, the contra proforentem rule will not apply.

2. BOOKING PROCEDURE

2.1 The specified deposit will be required to be paid to the Company at the time of booking in order to secure your reservation along with submitting the completed booking form and a valid copy of your passport. Failure to do so timeously will result in the automatic cancellation of your booking. Such cancellation will not entitle you to any right of recourse.

2.2 We reserve the right to cancel bookings should your balance of payment not be received on time. Such cancellation will not entitle you to any right of recourse.

2.3 The payment of the balance due must be paid to the Company 90 days prior to departure or the commencement of your booked Trip. However, if you have booked your Trip within 90 days of departure, we require full payment with booking to secure your reservation.

2.4 If you have been quoted in a foreign currency by us, payment to us will need to be made in either United States Dollars (USD) or South African Rand (ZAR) and the Company will advise you in which currency payment is to be made as the election in this regard does not belong with the client. Any bank charges that may arise as a result of such a payment or foreign exchange differences are for your account, notwithstanding the method of payment chosen.

2.5 Preferred payment is by bank transfer to our bank account.

2.6 The client acknowledges that the quotation or estimate price and itinerary specified in the booking form, may be varied by the Company from time to time, without notice to the client, at the discretion inter alia due to any fluctuation of exchange rates, supplier rate increases, game reserve, park fees and wildlife reserve fees, increase in airline tariffs, fuel increase etc. Should the group number fall below the minimum number required for the booking as specified in the booking form, the Company reserves the right to re-cost the quotation or estimate and raise a surcharge. Should any clients refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain full payment.

2.7 Should you have already secured your booking by timeous payment and the supplier has been paid, the original price will remain valid however this does not apply to game reserve, park fees and wildlife reserve fees. You will be liable for any increase in game, park or wildlife reserve fees at any stage of the booking as neither ourselves as agents nor the suppliers have any control in this regard. You will be billed accordingly should there be a top up required.

3. CANCELLATION AND REFUND POLICY

3.1 Any cancellation must be addressed in writing to the Company and receipt thereof will be acknowledged by us to be a valid cancellation.

3.2 Cancellation of bookings is subject to the following conditions:

– Deposit is non-refundable if you cancel more than 91 days prior to departure.

– 100% cancellation fee without refund should you cancel 90 days or less prior to departure.

3.3 The Company will endeavour to confirm your booking as soon as possible after receipt of deposit, however, should we fail to secure this booking for any reason whatsoever, we will strive to procure alternative booking arrangements. Should these alternative arrangements not be suitable for yourself, the Company will refund your payment, subject to the Supplier Conditions.

3.4 In the unlikely event of a misquotation being made by the Company, we reserve the right to cancel a booking without any liability in the misquote results in a cost implication and any payment already made will be refunded to you. Similarly, the Company is not to be held liable for any error on our website, brochures or other marketing and advertising material. We reserve the right to correct it once any such error has been brought to our attention, which may result in the cancellation of a booking and refund of any payment already made, without any liability arising on behalf of the Company.

3.5 We reserve the right to correct any errors that may occur on our or third-party website, brochure or other marketing material with regard to pricing as soon as it is brought to our attention and cannot be held bound thereby.

3.6 You will not be entitled to refunds for a no show or for a partially used booking.

4. INDEMNITY, LIABILITY AND WAIVER

4.1. We have no direct day-to-day control over the Suppliers and the Suppliers Conditions will govern the relationship between the client and the Suppliers. Accordingly we accept no responsibility for any changes, cancellations, delays, trauma, injury (including pain and suffering resulting from injury as well as medical assistance or treatment), harm or death or damage to or loss of personal effects, accident, delay, irregularity and/or inconvenience and/or dissatisfaction which may arise or be occasioned by any defect in any object (including a vehicle) utilised by any Supplier for the supply of any service or by an act or omission of any supplier or its servants or agents.

4.2 All vouchers, receipts and tickets issued by the Suppliers will be subject to Supplier Conditions and you undertake to abide thereby while doing so and participating throughout the Trip at your own risk and liability. Any right of recourse you may have will be exclusively against the Supplier and governed by the Supplier Conditions.

4.3 Any claim or claims which you, your agent, heirs, executor or assigns may have for any compensation for any claims as detailed in 4.1 above against Suppliers are hereby irrevocably waived and this includes any transportation to, from or during the Trip as well as any illness, injury or death, loss of or damage to goods arising en route to, from, during or after the Trip.

4.4 The Company, its directors, employees, staff, contract workers, volunteers, Suppliers, agents and assigns are hereby indemnified by yourself against any claims as detailed in 4.1 above whatsoever that may arise or have arisen in connection with any services supplied or offered by or in connection with them.

4.5 For the activity of paragliding & hang gliding inclusive of powered paragliding & hang gliding, each pilot remains responsible for themselves and their own decisions, standard aviation rules apply. Paragliding & hang gliding are an inherently dangerous sport and all participants (pilots and passengers) are responsible for their own decisions and the Company are indemnified as per the separate indemnity signed by the Clients.

4.6  The clauses below are extracts from such indemnity and for the purposes of the Conditions are incorporated herein ‘The Expedition Organisers’ means the Company.

I hold harmless and indemnify ‘The Expedition Organisers, any parties involved in the activity, and/or officers, members and/or directors and/or partners and/or shareholders and/or employees and/or agents and/or sub-contractors and/or the owners of the aforesaid parties (‘the Indemnified Parties’) against any consequences of incidents and/or participating in the activities and/or participating in transport and/or travelling en route to/from the activities and I waive any claims I may have against the Indemnified Parties of whatsoever nature and howsoever arising.

The indemnity, disclaimer and waiver includes (without limiting the generality of the aforegoing) any loss of or damage to personal effects (including any financial loss and/or destruction and/or loss or damage of property), illness, injury, death, harm,  trauma , pain and suffering including any medical expenses whatsoever and howsoever caused or incurred (including any claim from my wife, children, common law spouse or life partner executors, administrators, heirs, successors in title or dependants for maintenance or otherwise), arising directly or indirectly from the inherent risks stated above (whether on foot, in a vehicle, aircraft or other mode of transport) and/or my participation in any of the activities and/or incidents en route to/from the location where the activities take place  or arising from any act and/or omission by the Indemnified Parties including any negligent acts and/or omissions and including any claim arising from my commuting from my place of residence or returning to it, and legal costs (on an attorney and own client scale) that any of the Indemnified Parties may incur.

The indemnity, disclaimer and waiver include any medical treatment including evacuation that may become necessary, and which may be arranged for me or any member of my party by the Indemnified Parties.

5. RESPONSIBILITY

Any liability per clause 4 above will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Indemnified Parties shall furthermore not be liable for any consequential or indirect loss or damages whatsoever.

6. DESTINATION SELECTION

The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or the Internet. It also acknowledges that certain of such brochures and/or the Internet have been compiled and are managed and updated by the Principals over which the Company has no control. Accordingly, the Company cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Principal.

7. SPECIAL REQUESTS
   

Client, who has special requests, must specify such requests to the Company in the Enquiry. Whilst the Company will use its best endeavours to accommodate such requests, it does not guarantee that it will.

8. VISAS AND PASSPORTS

8.1 It is solely your responsibility to ensure that all your travel documents are in order and up to date and immigration regulations such as visas and/or permits are obtained and in your possession for travel timeously. It is advisable that you contact the consular or embassy of your destination country as well as countries passing through, in order to verify the requirements and ensure that you are adequately prepared. No refunds due to incomplete travel documentation will be given or entertained.

1. It is your responsibility to ensure that your passport has the sufficient blank visa pages available in accordance with the regulations of the various countries visited or passing through. It is recommended that a minimum of 3 (three) blank pages per country that you will be visiting or passing through be available in your passport. In addition, your passport must be valid for the prescribed period as contained in the applicable regulations of the country you intend to visit or pass through.

1. If you are travelling with a minor child, please take care of the requirements. When travelling to South Africa and some other countries you will need their unabridged birth certificate and if only one parent is travelling with the minor, you will need to provide a letter of consent from the absent parent that the minor is allowed to travel with you as well as a copy of the parent’s passport. Please check with the embassy as things might have changed since this document was written.
2. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The client must ensure that the details supplied to us mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 months after your scheduled return to your home country.
3. This is not a comprehensive list of the required travel documents and should not be construed as such. The Client indemnifies us against any consequences of non-compliance with any of the above. Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft maybe denied at any point even if you have a valid visa. Some passport holders may also be required to have re-entry documentation, and it is entirely the client’s duty to ensure that such documentation is in order before departure.

9. INOCULATION, IMMUNIZATION AND MEDICATION
   

    

10. The inoculation, immunization and medication requirements of all countries vary, especially the African countries. It is essential that you familiarise yourself with these and take the necessary action timeously as travel will not be permitted unless you meet these requirements which are your full responsibility. It is furthermore your responsibility to be familiar with all diseases, both real and potential, of the countries you plan to visit or travel through, and it is your responsibility to take the necessary precautions and vaccinations. The Client indemnifies us against any consequences of non-compliance.

1. You realise that certain aspects of the Trip may attract certain risks or dangers and will require of you to be in good physical and mental condition, and you warrant that you are in such a condition, having checked with your medical practitioner. You agree to obey at all times, any warning notices and instructions of the resort/hotel or Operator’s management and or person in charge of the Trip.

MALARIA AND OTHER TROPICAL DISEASES: WARNING

Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure, or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.

10. ILLNESS OR DISABILITY

10.1 If you are suffering from any illness or disability, or are undergoing any medical treatment, you must declare this openly and honestly to the Company at the time of booking your Trip. In a similar manner, if you are affected by any condition that may affect you or others during your Trip in any way, you must comprehensively advise the Company at the time of booking.

1. Failing to declare any illnesses, conditions, disability or the like, will constitute a breach of the Conditions and can result in you being excluded from your booked Trip or excursion without refund of any payment.
2. The responsibility to make arrangements for the provision of any medication or treatment while you are away remains with you.

11. TRAVEL INSURANCE

11.1 Comprehensive travel insurance is mandatory (including medical evacuation, helicopter evacuation and search & rescue), and proof thereof must be confirmed at the time of booking.

1. Should you fail to obtain comprehensive travel insurance timeously, all and any costs arising from the possible need to cancel, re-route or follow different travel arrangements including an emergency medical procedure and search & rescue fees will be for your own cost and you indemnify the Company wholly from any harm, damages or loss that you or your heirs or assigns may suffer as a result.

12. TRAVEL ITINERARY AMENDMENTS

12.1 The Company will present you with an itinerary, but travel through Africa is intended to be adventurous, fun and spontaneous. This may result in the itinerary serving as a guideline only for your Trip and being subject to change due to many factors and conditions beyond the control of the Company as well as the supplier, such as extreme weather, political unrest, outbreak or road accessibility to mention, but not be limited, to a few.

12.2 Should alternative arrangements be deemed necessary the Company will use our best endeavours to provide this as adequately and quick as possible, but which may incur extra costs for which you are liable. Should alternative arrangements not be possible, we will use our best endeavours to refund you the portion of unutilized services, subject to our recovery from the Supplier. Similarly, should you choose not to partake in the alternative itinerary, we will use our best endeavours to refund you as above and subject to recovery from the Supplier.

12.3 In the event where it is necessary to arrange alternative or additional transport to the end destination of the Trip, the Company will assist where possible and any additional cost of procuring such transport will be payable by you, as necessary.

13. LATE BOOKING & AMENDMENT FEES

A late booking fee per booking will be charged in respect of bookings received within 14 (fourteen) working days prior to the departure date or less per booking. This charge is levied to cover communication expenses involved. An amendment fee per booking will be levied for any changes to the confirmed itinerary.

14. BREAKAWAYS

While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client’s account.

15. COACH & AIR CHARTER

Please note that the flying services and coach transfers are sub-contracted to independent companies whose own terms and conditions will govern such bookings and it is your sole responsibility to familiarize yourself therewith. They are responsible for this portion of the itinerary. The Company will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Client’s account.

16. TOUR LEADER / GUIDE AUTHORITY

16.1 By booking the Trip, you abide to be bound by the decisions and leadership of the tour leader or guide at all times. The tour leader or guide adopts an authoritative position in relation to you as client and for the peace of mind and safety of everyone on the Trip, any request and instructions of the tour leader or guide must be adhered to at all times during the Trip.

16.2 It is your obligation to behave in a responsible manner throughout the Trip and any illegal, unwarranted, or inappropriate behaviour on your behalf and/or any behaviour which constitutes a nuisance can result in your Trip being terminated with immediate effect and without any recourse to a refund.

17. AIR TICKETS

These tickets are linked to contracts (‘Air T&C’) are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions and the Client MUST enquire about ALL the applicable conditions BEFORE you pay for the ticket.

18. DISPUTES AND COMPLAINTS RESOLUTION

18.1  Any complaints must be addressed in writing to the Company via email to info@paraglidekilimanjaro.com for the attention of the Owner and must be received by the Company within 10 days from the end of the Trip.

18.2  We will use our best endeavours to reply within 30 days of receipt of your complaint and will make every effort to resolve any dispute after investigation with the relevant supplier and this will be communicated back to you as soon as possible. Acting as agents we cannot guarantee that any dispute will be resolved to your satisfaction as resolution thereof may be beyond our control.  Any and all disputes arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows:

18.a  Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed. Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being enforce which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clauses will in no way affect the continual performance of the obligations relating to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.

18.b  Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application.

19. FORCE MAJEURE

The Company shall have the right to cancel any contract should its fulfillment be rendered impossible, impeded or other duly constituted authorities, force majeure  or any other cause beyond the control of the Company – Force Majeure includes renovations that may be carried out at your resort – whilst the travel agent will use its best endeavours  to provide current information in that regard and whilst the resort will use it best endeavours to keep any inconvenience to a minimum, the fact that restoration or renovations are being carried out does not constitute grounds for any claim against the Company. “Force Majeure” means those circumstances where the performance of our contract with you is prevented or affected by reasons of war, threat of war, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, epidemic or pandemic, governmental actions and all similar events beyond our control. In these circumstances, we shall not be liable to pay any compensation or otherwise be responsible for any expenses or losses you might incur where we are forced as a result to cancel, delay, curtail or change your arrangements in any way or where the performance or prompt performance of our contractual obligations is prevented or affected. The Company will use it best endeavours to recover from third parties such monies as may have been paid to them on behalf of the Client. All monies so recovered by the Company will be reimbursed to the Client less a 5% (Five percent) of the Price as an administration charge. Please note this is not a contractual obligation on the Company and it cannot provide any guarantee as to the outcome.

20. COPYRIGHT

The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the Company shall remain the sole and exclusive property of the Company. The Client further more undertakes not to circumvent the Company and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates and quotes provided by the Company with any of the Suppliers or any other service providers or venues for a period of 2 (Two) years from the date of submission of any proposals, presentations, estimates and quotes provided by the Company.

21. GENERAL

21.1 The terms and conditions of this agreement and supporting documents will be governed by the Laws of South Africa and shall be enforceable within the Republic of South Africa and the jurisdiction of its Courts.

21.2 On completion of your booking form you agree to all the Conditions. The Conditions will prevail in the event of any contradiction in the documents so please ensure you are familiar with them as you have agreed to be bound hereby. No party shall be bound by any express or implied terms, representation, promise or the like not recorded herein.

21.3 No amendment, variation, deletion or addition of the Conditions will be binding unless expressly agreed to by both parties, being the client and the Company, in writing and signed by both parties. From time to time, updated and amended terms and conditions will be necessitated due to changes in administration, policy and legislative alterations. Please ensure that you are familiar with the most recent document.

21.4 No indulgence or relaxation will constitute a waiver of the Conditions and both parties remain entitled to their rights as ascribed to them in terms hereof, despite not insisting on them at any given time. Should any of the Conditions found herein be deemed to be null and void or invalid as determined by a court of law, the rest of the provisions will remain in full force and effect as if the former had not been included.

21.5 The parties hereby consent to the jurisdiction of the Magistrates Court of South Africa in respect of any action or proceedings which may be brought, provided that the Company shall be entitled to bring proceedings in the High Court, where such proceedings would, but for the aforegoing, be beyond the jurisdiction of the Magistrates Court and can do so at their own election.

21.6 No responsibilities, obligations or rights in terms of the Conditions can be assigned or ceded by you to a third party.

21.7 In the event that the Company institutes proceedings in order to recover costs, the costs of recovery and all associated costs will be for your account on an attorney and own client scale.

21.8 Should the Company be prevented from carrying out any of its obligations in terms of this agreement due to causes beyond its control, the Company shall not be held liable to continue with its obligations while the causes persist and furthermore shall not be held liable for any delays or damages or losses which may be incurred as a result.

22. NOTICES AND DOMICILIUM

22.1 The parties choose domicilium et executandi (domicilium address) for the purposes of giving any notice, the payment of any sum, the serving of any process and for any other purpose arising out of these terms and conditions as well as any ancillary documents, their addresses as follows: the Company – 6 Harlequin Street, Brackenhurst, JHB, Gauteng, 2024, South Africa. The client – the physical address as provided on the booking form.

22.2 Either party will be entitled to change its address from the aforegoing as long as the same is done no later than 7 days before any such issue of process or similar and same is done by written notice and so acknowledged by the other party receiving such notice.

23. CONFIDENTIALITY & PRIVACY
    

     

Subject to statutory constraints or compliance with an order of court, the Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis. Furthermore, as far as the Client’s personal information and special personal information is concerned, the Company will comply with all provisions of the applicable privacy legislation such as the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’]) and, in the case of residents of the European Community (‘the EC’), the General Data Protection Regulations of 2018 (‘the GDPR’) as detailed in the Company ‘s Privacy Policy which is incorporated herein by reference and which you are deemed to have read, understand and agree to be bound by.   

24. PHOTOGRAPHY

Whilst the Company acknowledges the Client’s right of freedom to take photographs in general, please note that the following conditions apply to any photography during any tour and excursions with or arranged by the Company whether during the tour or excursion or thereafter and these rules will be strictly enforced. By the same token Clients are deemed to indemnify the Company against any consequences, claims and legal costs (on an attorney and own client scale) resulting from any breach of whatsoever nature of these conditions:

• The copyright and ownership in the photograph (‘photo’) will remain vested in the person who took the photo, unless a person (‘the Subject’) asked for the photo to be taken and made an arrangement to the contrary with the photographer.

• However once the photographer has posted any material on the Company’s website or any form of social media, that entitles the Company or any third party to disseminate it

• If the material is to be used commercially e.g. sold or used to launch an advertising campaign, then the written permission of the Subject is required.

• The Company supports the principle of fair use and factors that will have a bearing are the purpose (e.g. non-profit); nature of use; size e.g. thumbnail.

• Whilst you are entitled to take photos on individuals in public areas, many public areas e.g. shopping centres, resorts and some of the places you may visit may seem to be in the public domain but is in fact privately owned and thus subject to the rules prescribed by the owner of which you should be aware.

• If the location where the photo is being taken is of such a nature that it is reasonable to presume privacy, e.g. a bathroom, then the Client may not take a photo of the Subject at all. This principle would also apply if the location is e.g. a private game lodge which focuses on upper end clients and celebrities or where the surrounds are evidently private – these persons choose such venues for reasons of privacy and even an innocent photo of a staff member posing with a celebrity may be of such a private nature that both the photographer or the staff member requesting the photo is advised to limit the usage to personal purposes and not disseminate it e.g. via social media.

• Use of the photo must not be of such a nature that e.g. it misrepresents the Subject, the setting or surrounds.

• The Company reserves the right take photos of you and your party and to use such photos and any other photos posted on social media on its website and for promotional purposes. If you wish to object to such use, please advise the Company in writing prior to arrival.
  
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