Junita’s Extreme Adventures Namibia INDEMNITY FORM
On this form ‘the company’ shall mean Junita’s Extreme Adventures CC Namibia (including all its members) In these conditions “the company” shall mean a company with registration number CC/2005/2162. Junita’s Extreme Adventures acts as a Tour Facilitator for third party suppliers, such as, but not limited to airlines, tour operators, all accommodations, car rental companies, vehicle, yacht, boat or aircraft and helicopter companies and charters, and adventure travel packages and all other travel experiences. Junita’s Extreme Adventures acts as a Tour Facilitator only, & does not provide the final service and is therefore not responsible for the actual final service provided by the supplier. The client clearly understands that the final service being provided to the client/s is provided by the contracted supplier and not Junita’s Extreme Adventures and that the supplier not Junita’s Extreme Adventures is responsible for the final service provided. Should there be a discrepancy between the service sold and the service received Junita’s Extreme Adventures will endeavor to investigate and negotiate on behalf of the client for compensation, however should Junita’s Extreme Adventures attempts to secure compensation fail and the client chooses to take legal action, the client does so against the provider of the final service and not Junita’s Extreme Adventures. I, the undersigned indemnify the company against all responsibility or liability whatsoever for any accident or bodily injury to myself or damage to my property whilst travelling under the auspices of the company. I hereby acknowledge, confirm and record that I understand and appreciate the risks inherent in adventure travel including in particular the hazards of sky diving or parachuting and boat travel and associated marine activities to and from aquatic adventures, air, sea and land destinations and surrounding areas. Further, that these hazards include, but are not limited to, air expansion injuries, drowning, slipping or falling while on board a boat, being injured, maimed or killed while in the aircraft, and any other injuries occurring while getting on or off a boat, in or out and aircraft or any other craft whether air, sea or land going crafts and other perils of the sea. I record that I have read and understood and agree to the terms and conditions set out in the various paragraphs detailed below, in particular regard to the legal aspects of my travels, especially those related to bookings and insurance.
INSURANCE
Travel and cancellation insurance, to include cover for scuba diving, sky diving, hang-gliding, parachuting, paragliding or zip line is mandatory for all clients of the company. All insurance is solely the responsibility of the client. Before a client commences with travel, he or she should arrange his/her own insurance with a reputable insurer, with protection for the full duration of the stay or tour, to cover personal injury, medical expenses, repatriation expenses, loss of luggage and expenses associated with the cancellation or curtailment of any tour. The insurance must cover the client for scuba diving, sky diving, hang-gliding, parachuting, paragliding or zip line. If a client becomes ill, all hospital expenses, doctor’s fees and repatriation costs are the client’s responsibility and the company shall not be liable for any refund of the booking or tour rate whatsoever. The carriage and storage of all baggage and personal effects are at all times the clients risk and the company cannot accept any liability for any loss or damage of baggage or personal effects.
LIABILITY
Clients hereby acknowledge, confirm and record that they understand and appreciate the risk inherent in adventure travel including in particular the hazards of extreme adventures and associated adventure activities to and from adventure sites and surrounding areas. Further, that these hazards include, but are not limited to, air expansion injuries, drowning, slipping or falling while on board a boat, being injured, maimed or killed while in the aircraft, and any other injuries occurring while getting on or off a boat, in or out and aircraft or any other craft whether air, sea or land going crafts and other perils of the sea, and confirm that they are aware of and expressly assume these and all other risks involved in extreme adventures whether conducted as a recreational or professional activity.
The client undertakes the tour, activity or travel at his / her own risk. Such risk could include injury, disease or death. The client agrees and concedes that the company and its members and employees shall not be responsible for loss or damage to property or injury or illness to the client or loss of life or consequential damages which might occur from any cause whatsoever.
INDEMNITY
I undertake to indemnify and hold harmless and free the company from any and all claims of whatsoever cause or nature which may arise on behalf of my spouse, common-law wife/husband, children, whether minor or adult, or relatives and/or any person accompanying me on my venture with the company, and/or using the company’s facilities, whether as my invitee or otherwise, who suffer any damages, including but not limited to personal injury or death, loss of support or any other loss whilst on the premises and arising from any cause whatsoever (including but not limited to any act of commission or omission, or from the negligence or gross negligence on the part of the company).
I further undertake to hold harmless and free the company from any and all claims and liability of whatsoever cause or nature which may arise as a result of a claim and/or action being made against it by any travel agent, booking agent or other agent relating in any way to a claim or action that I or my spouse, common-law wife/husband, children (whether minor or adult) or any other dependent of mine may make.
HEALTH
The client acknowledges an awareness of the proposed itinerary and shall confirm that he or she is medically fit, in good physical and mental health and is able to embark on the tour. Any client with a pre-existing medical condition or illness must declare the true nature of such conditions to Junita’s Extreme Adventures, before the commencement of the tour. Any failure to declare may result in cancellation of his /her booking.
RESPONSIBILITY AND RIGHTS
The information in any brochure, leaflets and advertising is given in good faith by the company, and is based on the latest information available. The company reserves the right to change the facilities or transport described in any publication without being liable for any compensation or refund. Clients should be aware that representatives of the company may take photographs and films of clients while on any of the tours and, the company reserves the right to use such material for any advertising or brochure production without the prior consent and without payment to the client.
AUTHORITY
The decision of the representative employed by the company will be final on all matters. The company shall not be responsible for or liable for any client who commits an illegal or unlawful act in any countries visited. The client may in such circumstances be excluded from the tour without a refund. If the company considers a client unsuitable for a tour it may at its sole discretion decline to carry this client any further. If any client causes inconvenience or annoyance to other passengers the company may in its sole discretion decline to carry the client further without any refund whatsoever.
RELEVANT LAW
This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement) shall be interpreted and governed in all respects by the laws of the Republic of Namibia.
TOUR CHANGES OR ALTERATIONS
The company reserves the right unilaterally to change routes and/or accommodation in certain circumstances. The company shall not be held liable for any compensation to the client if it is forced to cancel or in any way change the tour due inter alia, but not exclusively, to force majeure including war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other external circumstances beyond the control the company. Unforeseen cancellations due to force majeure war, unrest or any other related circumstances are still subject to the cancellation and bookings terms and do not constitute a valid reason for waiver of the cancellation policy terms. In the event of the client changing, at their own discretion, any facilities, accommodation, activities, operator or travel arrangements such as flights and transfers or any portion of an itinerary agreed upon by the client, the company shall not be held liable for any compensation or costs to the client whatsoever. The company reserves the right to cancel the tour without prior notification and in such an event only agrees to refund all monies already paid and received by the client.
PLEASE NOTE THE FOLLOWING IMPORTANT LEGAL INFORMATION:
I confirm that I abide by the aforementioned and agree to the terms and conditions therein contained. I record that I am making the booking and joining the tour at my own risk and waive any claims that I might have in regard to injury, loss or death which might occur due to any causes whatsoever. I further bind my dependents, heirs, executors, administrators and assigns to the terms and conditions of this agreement, and indemnify and hold blameless the company, its members, associates, employees, representatives, organizers, helpers and agents from all liability for any or all claims whatsoever and howsoever arising and without limitation (including consequential claims) arising from any delay, loss or damage to property or injury or illness or death arising from any cause related to or occurring during my tour or travel with the company. I refer in particular to any minor child or children who may be accompanying me and confirm specifically that this indemnity as signed applies to such child / children.
Claims and Complaints.
In the unlikely event that the client has a complaint it must firstly be taken up with the management /company representative of the supplier, in order that an opportunity is afforded to the supplier to investigate the situation. If the client has any further complaint then they must lodge this in writing to the company within 10 (ten) days of the booking end. If these procedures are not followed then the company will not investigate or continue to investigate such complaints.
Company Responsibility and Rights
The information given in any brochure, leaflets, website and advertising is given in good faith by the company, and is based on the latest information available to the company.
Client Responsibility
It is the client’s sole responsibility to ensure that passport, visa and other required documents are in order. Any resulting consequences of a client’s failure for not having his/her required paperwork in order shall be to the account and the sole responsibility of the client.
Severability
Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions, which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of amendment to render it valid, the parties agree to negotiate an amendment to remove the invalidity.
Relevant law
This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement), shall be interpreted and governed in all respects by the laws of the Republic of Namibia.
All clients and their agents confirm that they have read and abide by the aforementioned and agree to the terms and conditions therein contained. All clients record that they are making a booking at their own risk and waive any claims that they might have in regard to injury, loss or death which might occur due to any causes whatsoever against Junita’s Extreme Adventures. The company refers in particular to any minor child / children who may be accompanying the client and confirm specifically that this indemnity applies to such child/ children. The client and any clients Agent further binds their dependents, heirs, executors, administrators and assigns to the terms and conditions of this agreement, and indemnify and hold blameless the company, its members, associates, employees, representatives, organizers, helpers and agents from all liability for any or all claims whatsoever and howsoever arising and without limitation (including consequential claims) arising from any delay, loss or damage to property or injury or illness or death arising from any cause related to or occurring during my booking, activities or tours with the company.
Cancellation & Refund Policy:
Any tour that is booked with Junita’s Extreme Adventures requires a fifty percent (50%) deposit on acceptance of the quotation. The deposit must be paid within three (3) days accepting the quotation and all deposits are required no less than one hundred and twenty (120) days prior to the commencement of the tour. Full payment is required within one hundred and twenty (120) days of the commencement of the tour.
(a) Should it become necessary for the client to terminate this Agreement, and the tour date is less than one hundred and twenty (120) days, Junita’s Extreme Adventures shall be entitled to retain one hundred percent (100%) of all monies received by the client to date, including but not limited to all tour costs and including special orders, rentals and/or third party supplier costs.
(b) If Agreement is terminated within one hundred and fifty (150) days of the tour, Junita’s Extreme Adventures shall be entitled to retain eighty percent (80%) of deposit and seek any additional expenditures to date, including but not limited to all tour costs and including special orders, rentals and/or third party supplier costs.
(c) If Agreement is terminated within one hundred and eighty (180) days of the tour, Junita’s Extreme Adventures shall be entitled to retain fifty percent (50%) of deposit and seek any additional expenditures to date, including but not limited to all tour costs and including special orders, rentals and/or third party supplier costs.
(d) If Agreement is terminated within a period greater than one hundred and eighty (180) days of the tour Junita’s Extreme Adventures shall endeavor to repay all deposits already received.
(e) If an Agreement is drawn within one hundred and twenty (120) days or less of the tour, the client agrees to pay full package costs per bid.
Should the event be cancelled by Junita’s Extreme Adventures, Junita’s Extreme Adventures will fully refund any deposit within thirty (30) days of the date of cancellation. If event is within thirty (30) days, Junita’s Extreme Adventures will reimburse or pay to the client the invoiced costs that have been paid by the client. The client shall make reasonable efforts to mitigate damages and obtain substantially similar services. Junita’s Extreme Adventures’ responsibility is limited to items paid for by the client that were covered in the last accepted tour proposal to the client. Any additional items are at the client’s expense.
