STANDARD TERMS AND CONDITIONS OF CONTRACT - TULI WILDERNESS

APPLICATION - All quotations or estimates provided by or provisional reservations or bookings made with and/or all services rendered by or on behalf of Tuli Wilderness (‘the Company’) are subject to these terms and conditions (‘the Conditions’).
 
THE CLIENT AND AUTHORITY- The person requesting such quotations or estimates or making such provisional reservations or booking or to whom any service is rendered, is deemed to have read 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 or booking is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).
 
BOOKING, DEPOSIT & RESERVATION – The Company will provide the Client with an estimate (by telefax or e-mail) (‘the Estimate’). Upon the Client’s written confirmation by means of the Booking Request Form (by e-mail or telefax) that the facts and information contained in the Estimate is correct, the Company will prepare an invoice for the selected accommodation (‘the Invoice’). A non-refundable deposit of 50% (‘the Deposit’) of the total value of the accommodation (‘the Price’) as specified in the Invoice is required in order to confirm reservations (‘the Booking’), subject to payment of the balance of the Price in due course as specified herein. The Company will not confirm any reservation if the deposit is not received. The Company reserves the right to cancel any reservation that may have been made if the deposit is not received. Once the Booking has been completed, the Client will be supplied with a confirmation e-email that will contain the final detail of your Booking (‘the Booking Confirmation’).
 
PAYMENT AND PAYMENT TERMS - The balance of the Price is due not later than thirty days prior to arrival at Tuli Wilderness. Late payment may also result in cancellation of the reservation by the Company.
 
PRICES – Note that the Company reserves the right to amend the Price if an unreasonable time lapses between the date the Estimate is submitted to the Client and the date it is accepted to the Company. Furthermore, prices are quoted at the ruling daily exchange rate. Until the Company has received payment of the Price in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. However, once payment of the Price in full is received, the Price is guaranteed. Should it be a group booking and the group number deviate from the number required for the Booking, the Company reserves the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the booking and retain any payment made.
 
RESPONSIBILITY - All arrangements are booked and made on the express condition that The Company, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of the Company whatsoever, unless such claim is due to the gross negligence of the Company and such claim is lodged in writing with the Company within 30 (thirty) days after the end of the Booking. Such liability will be subject to a limitation of BWP10 000, 00 (Ten Thousand Pula) per Client per Booking. The Client indemnifies and holds harmless the Company, its employees and agents accordingly. The Company, its employees and agents shall further more not be liable for any consequential, special or indirect loss or damages whatsoever.
 
PASSPORTS, VISAS & HEALTH - It is the entirely the Client’s duty to ensure that all passports and visas (if necessary) are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with the Company before travelling.
 
MALARIA – Tuli Wilderness is in a low-risk malaria area. We recommend that you discuss the option of prophylactics with your medical practitioner before departure.
 
CANCELLATION - In the event of Client cancelling their reservations, the Company shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by the Company. The Company reserves the right to cancel any booking before arrival day, in which event the entire payment will be refunded to the Client without any further obligation on the part of the Company. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows:
 Deposit of 50% is non-refundable
 Less than 14 days prior to arrival 100% of total cost of the reservation
 15 to 29 days prior to arrival 75% of total cost of the reservation
 30 days or more prior to arrival 50% of total cost of the reservation
 In the event of a no show, the total cost of the reservation will be charged for.
 
UNSCHEDULED EXTENSIONS - In the unlikely event of there being unscheduled alterations to the itinerary caused by bad weather, strikes or any other cause which is beyond the control of the Company, its agents or principals, it is understood that expenses relating to these unscheduled extensions (accommodation etc) will be for the Client’s account.
 
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.
 
AMENDMENTS - 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 authorised representative of the Company.
 
REFUNDS - No refunds will be considered in any circumstances whatsoever.
 
FOREIGN EXCHANGE REGULATION COMPLIANCE - This is the Client’s exclusive duty.
 
FORCE MAJEURE – The Company shall have the right to cancel any contract should its fulfillment be rendered impossible, impeded or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of the Company.
 
LEGAL FEES - The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to engage a lawyer to enforce any of its rights or otherwise.
 
CONFIDENTIALITY – 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.
 
ENTIRE CONTRACT - The Conditions constitute the entire terms of the relationship between the parties. There exist 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 the Company or otherwise that is not included herein.