Terms & Conditions

Bush Ways Safaris Terms and Conditions of Contract

1) Bush Ways Safaris Terms and Conditions of Contract Shifting Sands Services (Pty) Ltd trading as Bush Ways Safaris, with its agents and associates, is hereinafter referred to as the COMPANY and the passenger is referred to as the PASSENGER.

2) The PASSENGER warrants that he/she has the authority to conclude this booking and the contract between the COMPANY and the PASSENGER.

3.1) Acceptance by the COMPANY of the booking shall be evidenced by forwarding to the
PASSSENGER or agent of an invoice, indicating an amount due by the PASSENGER to the COMPANY, AND the PASSENGER making payment of the deposit, being equal to 25% of the safari fee and due
on reception of invoice. (No deposits due; for agent
bookings).
3.2) The PASSENGER having placed a booking shall
not be entitled to withdraw or cancel the same
without the COMPANY’S written consent.
4) In the absence of a signed booking form, the
invoice shall substitute to confirm the contract
between the COMPANY and the PASSENGER.
5.1) The full amount due shall be payable to the
COMPANY not less than 6 (six) weeks prior to the
departure date.

5.2) Should the booking be cancelled by the
PASSENGER, the deposit will be forfeited, and
cancellation penalties will apply according to the
following scale:
✓ 30 – 45 days before departure date: 40% of
the total safari fee
✓ 21 – 29 days before departure date: 70% of the
total safari fee
✓ 0 – 20 days before departure date: 100% of
the total safari fee.
6) Safari prices include only what is indicated for each
tour and do not include the costs of visas,
vaccinations, insurance, or such items required for
each safari.
7) The PASSENGER acknowledges that it is his/her
responsibility to ensure he/she is in possession of all
necessary travel documents, including any health
and other certificates that may be required.
8) It is compulsory for the PASSENGER to ensure that
he/she has adequate travel insurance for the
duration of the safari, and the COMPANY reserves
the right to demand proof of such insurance.

9) The PASSENGER acknowledges that the safari
price and itinerary disclosed and accepted may be
varied by the COMPANY without notice to the
PASSENGER, at the discretion of the COMPANY, and provided the itinerary is not substantially different
from the itinerary anticipated by the PASSENGER.
This will not constitute grounds for cancellation of
the contract, nor variation of the terms thereof.

10) The COMPANY shall endeavor to ensure that all
anticipated accommodation is available as planned.
In the event that a change in the accommodation
shall be necessary, for whatever reason, the
PASSENGER shall have no claim of any nature
whatsoever against the COMPANY.

11) The PASSENGER acknowledges being aware that
the proposed itinerary and safari require a measure
of physical fitness and endurance, and it is the
PASSENGER’S obligation to ensure that he/she is
medically fit and able to embark upon the safari.
12) The PASSENGER acknowledges that there are
dangers and risks inherent in these safaris and the
PASSENGER agrees to accept all such risks connected
with or arising from any aspect of the safari.

13) The PASSENGER indemnifies and holds harmless
the COMPANY, its employees, agents or affiliates,
against any loss or injury that may be sustained or
arising from the safari, whatever the cause and
whether or not it may have been caused by any
negligent act or omission on the part of the
COMPANY, its management, employees, agents or
associates. The PASSENGER waives all rights of any
nature whatsoever that he/she, his/her assigns,
successors in title, dependents or heirs may have
against the COMPANY.

14) The PASSENGER acknowledges that the
COMPANY will appoint a tour leader who shall be in
charge of the safari and all matters relating thereto,
and the PASSENGER agrees and undertakes to
comply with the tour leader’s legitimate
requirements.

15.1) The PASSENGER agrees and undertakes that
he/she will, at all times, comply with the COMPANY’S
requirements in regard to his/her conduct, and
he/she will not in any way constitute a nuisance to
any other person on safari.

15.2) If a PASSENGER constitutes a nuisance to the
COMPANY or any other passenger, the COMPANY
shall be entitled to terminate the COMPANY’S
booking and refuse to permit the PASSENGER to
continue with the itinerary and safari. In this event
Bush Ways Safaris Terms and Conditions of Contract
the PASSENGER shall be responsible for making
his/her own further travel arrangements at his/her
own cost. In these circumstances the COMPANY shall
not be liable to make any refund to the PASSENGER,
who will have no claim of any nature whatsoever
against the COMPANY.

16) The COMPANY has the right to use any
photographs or film produced during any of its
safaris for any purpose whatsoever without having
to request permission from, or to make any payment
to any PASSENGER.

17) This contract between the COMPANY and the
PASSENGER shall be deemed to be concluded in
Maun, Botswana and shall be interpreted according
to the laws of Botswana.

18) These conditions constitute the entire terms of
the relationship between the parties. There exist no
other terms and conditions regulating their relation.