These terms and conditions govern the relationship between the Company and you to the total exclusion of any other terms and conditions, other than the terms of the confirmation letter signed by both parties.
No alteration to the terms and conditions may be made by any of the Company’s employees, authorized representatives or agents, unless in writing by an authorized officer of the Company.
All decisions and matters subject to the Company’s discretion shall be made by an authorized officer of the Company.
The Company reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any safari any person at any time, and to pass on to safari members any expenditure occasioned by delays or events beyond its control. In case of any appreciable variation in its cost, the Company reserves its right to adjust its rates.
1.1 Reservations can be made by contacting Eshkesh Safari Ltd. hereinafter referred to as the “Company”.
1.2 Safaris are booked and confirmed only on receipt of a 50% deposit of the total safari rate. There shall be no binding contract until the deposit has been paid. Failure to remit your deposit in a timely manner may result in an automatic release of the confirmed dates and the possible inability to reinstate your reservation. When the Company acknowledges receipt in writing of the deposit to you, it shall be deemed to constitute acceptance and confirmation of the reservation.
1.3 The balance of the total safari rate is due no later than seventy-five (75) days prior to commencement of your safari. If the balance has not been received by that date, the Company shall be entitled in its discretion to treat your reservation as cancelled, and consequently to forfeit such part of the deposit as determined solely by the Company.
2.1 Any cancellation of a reservation must be in writing and shall only be effective upon its acknowledged receipt by the Company. Cancellation charges shall apply in the following circumstances.
(i) Cancellation less than 90 days prior to safari starting date, the full deposit is forfeited
(ii) Cancellation less than 60 days prior to safari starting date, the total safari cost is forfeited
2.2 If you are a no show, the Company shall be entitled to treat your reservation as cancelled without having given the Company any notice and the provisions of Paragraph 2.1
(ii) Shall apply.
2.3 Any request to vary your reservation must be in writing and the Company’s
agreement thereto shall be in its sole discretion. If the Company agrees to vary your
reservation as requested, it shall charge an administration fee of US$ 2,000 plus the salary of the Professional Hunter which shall be presented to you in writing and which is payable no later than seven (7) days after such notification.
2.4 Unfortunately, no refunds are given (1) for lost travel time or substitution of facilities, (2) for itineraries amended after departure, (3) for circumstances beyond the
Company’s control, necessitating alternative arrangements to be made to ensure the safety and/or further participation and enjoyment of your safari, (4) if you do not appear for any accommodation, service, sightseeing or trip segment without notifying the Company, or (5) if you leave your safari after it has begun, missed any scheduled sightseeing, activities or accommodations.
2.5 In the event of a cancellation of a confirmed safari, the Company will receive compensation for the usual hunting quota which will constitute a minimum of 50% of the quota set aside for your safari.
participating in a safari, and that you accept them at your own risk.
4.2 With your acknowledgment of these Terms and Conditions, you agree to participate whether in populated or unpopulated areas, either by foot, boat, plane or other conveyance and certain risks maybe present anytime before, during or after your safari. These maybe causes unknown, forces of nature, negligence of others where risk of illness, injury, death, property loss or damage is possible.
4.3 It is your sole responsibility to take all appropriate medical advice prior to departure as to whether you are fit enough to undertake the trip booked. The Company shall not be liable for illness, injury or death sustained on a program sold by the Company which is not due to the gross negligence of the Company, its officers, employees, authorized representatives or agents whomsoever.
5.1 “Force Majeure” means, in relation to the Company, any circumstances beyond the reasonable control of the Company (including, but without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, sickness, quarantine, government intervention, weather conditions or other untoward occurrences). It shall also include whereby government concession areas are no longer made available to said Company.
5.2 The Company shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you, by reason of delay in performance or by non-performance of any of its obligation hereunder, to the extent that any such delay or non-performance is due to any Force Majeure.
5.3 If the Company is affected by Force Majeure it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by the Company to you as a result of the non performance of any of the Company’s obligations hereunder shall remain in its sole and absolute discretion although the Company shall use its reasonable endeavors to reimburse you where possible. However, the Company shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Company of the Force Majeure.
5.4 Regarding civil unrest, once the Company has investigated the prevailing situation as it deems fit, it shall remain in the Company’s sole discretion whether to proceed with the trip. You may in such circumstance cancel the trip. However, if after having made all the reasonable and proper enquiries, the Company is of the opinion that the trip may proceed, no refund will be payable to you and the provisions of Paragraph 2 shall apply.
The Company strongly recommends that you obtain the following types of insurance, which are commercially available:
• Accidental death and disability
• Major medical
• Trip cancellation
• Emergency medical evacuation
• Loss of personal effects
Although the Company hopes that it will not need to levy surcharges it reserves the right to do so on the invoice amount if this becomes necessary.
The Company will endeavor to notify you in writing as soon as it is aware of any likely surcharge, and you must pay the amount of such surcharge no later than fourteen days after written notification has been received (depending on the circumstances).
If the surcharge is not paid within such time, the Company may construe such non-payment as an act of cancellation on your part and the provisions of Paragraph 2 shall apply. Any refund made by the Company shall be in its sole an absolute discretion.
Carriage by Land, Sea and Air is subject to the terms and conditions to the carrier with whom you travel, and to international conventions some of which may limit liability. Land,
Sea and Air travel are also subject to operational decisions of carriers and air and sea ports which may result in cancellations, delays or diversions, over which the Company has no control and for which the Company accepts no liability whatsoever.
It is your responsibility to ensure that passport, visas, travel permits, health certificates, inoculations, international driving licenses or other documentation required by the trip are obtained and in order. It is your responsibility to meet any additional costs incurred either by yourself (or by the Company on your behalf) as a result of any failure by you to comply with such requirements.
You must advise the Company in writing of any special requests, e.g.: diet or facility, when you submit your reservation to the Company.
The Company will meet any such requests, if possible. If the Company incurs any expense on your behalf, then it shall be passed directly to you.
The Company reserves the right without further notice to make use of any photography or film taken on the trip by our staff of you or any minor for general purposes without payment to or permission from you.
By allowing and or providing photographs to the Company, you grant perpetual use, irrevocable license, and non-exclusive use and is considered paid in full by the Company.
If you have any cause for complaint while travelling, you must immediately bring it to the attention of Mr. Bader Nahdi, who will attempt to resolve the situation in a timely manner.
The payment of the deposit OR any other partial payment for a reservation on a safari constitutes consent to all provisions of the conditions and general information contained in this brochure. The terms under which you agree to take this safari cannot be changed or amended, except in writing and signed by an authorized officer of the Company.
You shall comply with instructions of the Company’s representative at all times. No Client shall be accepted or be permitted to continue on a safari while their status of mental or physical condition is, in the opinion of the representative of the Company, such as to render them incapable of caring for themselves or make themselves objectionable to other Clients or become a hazard to themselves or other Clients, and the Company will not be responsible for expenses by such persons precluded from completing their safari for this reason.
The following conditions are imposed by the Tanzanian Wildlife Department:
(Subject to quota availability).
(4) main specie priorities should be given to us well in advance so correct quotas can be allocated. If you are hunting cats, you will need a minimum time of 10 (ten) days to ensure a fair opportunity. Some game is restricted to minimum safari duration – please see license chart. Please note that hunting licenses are not transferable.
All safaris will start and end in Arusha. Clients should plan their arrival in Arusha the day before their safari is scheduled to start, and their departure from Arusha the day after their safari ends. The company will arrange for transport via SUV between Arusha and camp. (Optional)
If requested the Company will arrange for a chartered aircraft to be used to fly clients between Arusha and camp. The chartered aircraft service is not part of your Total Safari Rate and will be quoted on request.
The Company does not own or control the chartered aircraft service. Your safari begins when you leave Arusha and ends when you arrive back in Arusha.
The Company is responsible for the proper care, drying and salting of the trophies in the field. We will ensure all correct Tanzania Government documents are obtained to accompany the trophies when exported.
We cannot accept responsibility for the trophies once the airline accepts them for shipment.
Hunters should be in possession of relevant CITES permits issued by their country of final destination before the trophies are exported from Tanzania. This permit should cover all trophies collected by the hunter on safari. The Company cannot be responsible for obtaining the relevant CITES and other import permits for the hunter’s final destination.
However, the Company will obtain the CITES permits which are issued by Tanzania.