Oana Flora & Fauna trading as Pelladrift PTY Ltd
1. MAKING YOUR BOOKING
1.1 For the purpose of these terms and conditions, clients shall be deemed to be the party booking the expedition / programme. Before completing the booking form, clients are to confirm that there is availability on the expedition of their choice. Clients should then complete the booking form and forward it with 25% of the total cost of the expedition, not including the cost of flights (where applicable) by bank transfer made payable to "Pelladrift Pty Ltd" the only exceptions to this condition are in paragraph 1.2 & 1.3 below.
1.2 If clients make their booking within 10 weeks of the departure or start date Oana Flora & Fauna will require full payment at the time of the booking as a pre-requisite of the booking being accepted.
1.3 Clients applying for specific expeditions are to pay in accordance with the special conditions for their specific expedition as stated in the quotation letter.
1.4 Upon receipt of a completed booking form and deposit in cleared funds, Oana Flora & Fauna will confirm the booking and send the client(s) further information relevant to the expedition booked. Each booking form, together with these terms and conditions and any other information that Oana Flora & Fauna has supplied to the client (s) forms the contract between the client(s) and Oana Flora & Fauna (the “Agreement”).
1.5 Where the intended participant(s) of the expedition are minors, then the booking form must be signed by a parent or guardian, who, for the avoidance of doubt, agrees to be responsible for the full cost of the expedition (including the deposit).
1.6 Where the expedition is being booked by a client such as a school or other organised group (hereinafter referred to as the "group") and the intended participant(s) of the expedition are minors, then the booking form must also be signed by a duly authorised representative of the group, who, for the avoidance of doubt, agrees to be responsible for the participants and the full cost of the expedition (including the deposit).
2.1 Oana Flora & Fauna accepts payment as follows:
2.1.1 Direct bank transfer in to a Namibian bank account specified by Oana Flora & Fauna, charges will be in South African Rand.
3.1 Unless otherwise indicated, the price for the expedition only includes the costs of road travel within the destination countries, catering, non-alcoholic drinks, accommodation, activities within the itinerary, Namibian volunteer work visas, and park fees. Except where stated, the cost of insurance (see below), alcoholic drinks, affidavits, return economy airfare and airport taxes, if relevant, are not included.
4.1 Unless already specified as included in the respective expedition, Oana Flora & Fauna requires all clients to obtain suitable and appropriate comprehensive personal or travel insurance to cover their chosen expedition and all activities included in the itinerary, including medical, cancellation, personal accident and personal liability insurance as a condition of booking an expedition. Clients must make their own arrangements through their own insurers.
4.2 If required to do so, clients must enter on the booking form the details of their insurance policy. Failure to provide these details will result in their booking not being accepted by Oana Flora & Fauna.
5. TERMS OF PAYMENT
5.1 Oana Flora & Fauna will send clients a final invoice 10 weeks before commencement of the expedition and this will also show any surcharge due.
5.2 Clients must pay the invoice within 10 days of the invoice date; otherwise Oana Flora & Fauna reserves the right to:
5.2.1 charge interests on any amounts overdue until payment is made; and/or 5.2.2 (Without prejudice to clause 10) treat the booking as cancelled.
5.3 The rights of Oana Flora & Fauna under this clause are cumulative and not alternative and any waiver by Oana Flora & Fauna of any of its rights shall be without prejudice to any other rights of Oana Flora & Fauna under the Agreement.
6. TRAVEL, ACCOMMODATION AND OTHER PROVIDERS
6.1 Oana Flora & Fauna acts only the in-country supplier for accommodation and services provided during an expedition. Oana Flora & Fauna is responsible for in-country transfer from Upington airport to Kum Kum Farm, expedition location. Oana Flora & Fauna does not organise, book or take responsibility for all the carriers by air, and all bookings must be accepted subject to the ticket or transport conditions and regulations of the carriers or transport proprietors, and also subject to the laws of the country in which such carriage or other facility is required.
6.2 Oana Flora & Fauna does not accept responsibility for any extra costs resulting from travel delays outside of its reasonable control.
7. PASSPORTS, VISAS, VACCINATIONS AND HEALTH
7.1 The client is responsible for ensuring that all expedition participants have a valid passport, visa and vaccinations as appropriate, and conform to the health regulations required by the destination countries. Regulations change often and it is the clients responsibility to make themselves aware of up to date regulations.
Passport and visa fees are not included in Oana Flora & Fauna ’s charges, unless otherwise stated. Oana Flora & Fauna should be notified at the time of booking if any participant has a medical condition, allergy or disability that may affect their involvement in the designated expedition.
7.2 The client shall notify Oana Flora & Fauna at the time of booking of all details relevant to each participant's health and safety. For the avoidance of doubt, if any participant has a medical condition, allergy or disability that may affect their involvement in the designated expedition, the client should notify Oana Flora & Fauna accordingly and for the avoidance of doubt, the provisions of clause 14 shall apply.
7.3 While Oana Flora & Fauna will use reasonable endeavours to cater for any requirements; it cannot guarantee that it will be able to do so for those with special needs, mental health issues or serious medical conditions.
8.1 Oana Flora & Fauna ’s prices are based on tariffs, exchange rates and other costs as at the date of the quotation.
8.2 Oana Flora & Fauna reserves the right to increase the price of the expedition to the extent that: 8.2.1 Relevant currency exchange rates alter more than 2% (as given by a NAMIBIA high street bank of Oana Flora & Fauna ’s choice).
8.2.2 A government or official authority levies or increases a tax, or
8.2.3 Transportation costs increase (in each case between the date of confirmation of a client’s booking form and the date of departure).
8.3 In respect of any compulsory taxes which may be imposed and which are outside Oana Flora & Fauna ’s control, Oana Flora & Fauna guarantee that the price of the expedition will not be subject to any surcharge once the client has made the final payment for the expedition.
9. CANCELLATION BY THE CLIENT
9.1 Subject always to clause 9.2, a client or any participant may cancel the expedition at any time providing that any person who signed the booking form makes the cancellation and it is communicated in writing (e-mail acceptable) to Oana Flora & Fauna and preceded by a phone call if within 2 weeks of departure. Where cancellation is made by a group, Oana Flora & Fauna shall not be obliged to provide the expedition to the individual participants of the group.
9.2 The following cancellation charges will apply, the days in question being calculated from the date on which Oana Flora & Fauna receives a client’s written cancellation notice.
9.2.1 Days before expedition departure that notice is (see above) received:
- More than 112 days - 40% of total cost of expedition;
- 112 - 56 days - 60% of total cost of expedition;
- Less than 56 days before departure/delivery of expedition - 100% of total cost.
9.2.2 Oana Flora & Fauna may resell cancelled bookings for which full payment has been received at a discount. If this is the case Oana Flora & Fauna will refund the amount for which the booking is resold less costs of administration.
9.2.3 Cancellations: The above charges cover cancellation charges to suppliers such as hotels, ferry companies and Oana Flora & Fauna ’s own administration charges.
10.1 Either party shall have the right at any time to terminate this Agreement immediately by giving written notice to the other in the event that:
10.1.1 The client has committed a material breach of any obligation under this Agreement which breach is incapable of remedy or cannot be remedied in advance of the expedition;
10.1.2 The client has committed a material breach of any of its obligations under this Agreement and has not remedied such breach (if the same is capable of remedy) within 14 days of being required by written notice to do so.
10.2 For the avoidance of doubt, where the client is contracting as a group, the client's failure to comply with clause 16 shall be a material breach of this Agreement.
11. BROCHURE / WEBSITE ACCURACY
11.1 All information given in Oana Flora & Fauna ’s brochures / websites / quotations are, to Oana Flora & Fauna ’s knowledge and belief, correct at the time of going to press. However, services and facilities may change; Oana Flora & Fauna will use reasonable endeavours to advise clients/participants of such changes prior to departure.
12. ALTERATIONS TO OR CANCELLATION OF ACTIVITIES
12.1 Activities are costed on a minimum number of passengers travelling together / participating. Substitution of one participant for another may be possible subject to an administration charge as determined at Oana Flora & Fauna ’s discretion. However, if this minimum number is not reached Oana Flora & Fauna will, at its discretion, either cancel the expedition and offer a refund in full, or, subject to the client’s agreement, Oana Flora & Fauna will operate the expedition with the necessary supplement to be paid by the client. Oana Flora & Fauna may be able to make alterations to the booking at a client’s request but Oana Flora & Fauna cannot guarantee this. Oana Flora & Fauna cannot make any alterations within 10 weeks of departure. 12.2 Oana Flora & Fauna will use all reasonable endeavours to provide the expedition arrangements that have been confirmed, but Oana Flora & Fauna reserves the right to modify or cancel any expedition, accommodation or arrangement or to make alterations to expedition details even after the confirmation of bookings in its sole discretion, including where it considers that the proposed participants are not able, or should not, undertake the booked expedition. In such circumstances, Oana Flora & Fauna will inform clients as soon as possible and, should the change be such, that it alters the nature of the expedition, Oana Flora & Fauna will give clients the choice of an alternative expedition. 12.3 Oana Flora & Fauna will not cancel any expedition for reason of political tension or natural disaster unless specifically recommended to do so by the Foreign Office or unless the circumstances fall within the scope of Force Majeure - see clause 15 below.
13. ACCOMMODATION AND MEALS
13.1 Accommodation will be as detailed in the expedition booklet or quotation.
13.2 Any special dietary requirements must be notified to Oana Flora & Fauna at the time of booking. Whilst every effort will be made to meet such requests, they cannot be guaranteed.
14. LIMITATION OF LIABILITY
14.1 Under no circumstances shall Oana Flora & Fauna be liable for any actual or alleged direct or indirect loss or consequential loss howsoever arising suffered by the client or any participant including loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic breach of the representations, warranties or undertakings contained herein or arising from the acts or omissions of the client or any participants.
14.2 Oana Flora & Fauna’s maximum aggregate liability in contract, tort or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of Oana Flora & Fauna’s obligations under this Agreement in respect of any one or more incidents during its application shall be limited to a sum equal to the price paid by the client for the expedition.
14.3 Oana Flora & Fauna shall have no responsibility or liability for any loss of or damage to the property and effects brought on any expedition by any participant or a client.
14.4 The client undertakes and agrees that it will irrevocably indemnify and hold Oana Flora & Fauna , its officers, employees agents and sub-contractors harmless from and against all costs and expenses (including reasonable legal costs), actions, proceedings, claims, demands and damage arising.
14.5 Without prejudice to clause 14.4, the client undertakes and agrees that it will irrevocably indemnify Oana Flora & Fauna in respect of any damage accidentally, intentionally or negligently caused by a client to any property belonging to or in the control of Oana Flora & Fauna or to any third party. In the event that such damage does occur the client shall, within 7 days of Oana Flora & Fauna ’s letter outlining the damage to be remedied, ensure payment of any costs arising.
14.6 Oana Flora & Fauna holds appropriate insurance policies as required by law and in respect of its obligations under this Agreement. Where the client is contracting on behalf of a group, and a breach by the client of the client's obligations under this Agreement cause any of Oana Flora & Fauna 's insurance policy premiums to be increased, or cause Oana Flora & Fauna to claim under its insurance policies and accordingly pay a premium, then the client will indemnify Oana Flora & Fauna from and against all such increased costs and expenses arising from such breach.
15. FORCE MAJEURE
15.1 If Oana Flora & Fauna is unable to perform any of its obligations under this Agreement by reason of any circumstance, cause or event outside of its control including any governmental restrictions, adverse weather, riot, commotion, acts of God, industrial action, breakdown of plant or any failure of gas, water services, electricity etc., Oana Flora & Fauna shall be entitled to be relieved of its obligations hereunder to the extent to which performance of the obligations is prevented, frustrated or suspended. In such circumstances non-performance, part-performance or delay in performance of the obligations of Oana Flora & Fauna hereunder shall not entitle the client to claim damages of any kind whatsoever whether direct, indirect or consequential.
16. CONDUCT OF PARTICIPANTS
16.1 Where participants are minors, it is the responsibility of the client, parent, guardian or other person acting in ‘loco parentis’ for that participant to advise Oana Flora & Fauna in advance of any disabilities or any social or behavioural problems that the participant currently has, or has recently experienced, which might affect them, other participants or any third party during the expedition. 16.2 All participants are required to observe high standards of conduct and parents of unaccompanied minors will be asked to complete an in ‘loco parentis’ form prior to departure. Where the client is contracting on behalf of a group, the client shall be responsible for obtaining the "in loco parentis" forms and the client shall be responsible for the participants.
16.3 Where the client is contracting on behalf of a group:
16.3.1 The client shall ensure that, in respect of each and every expedition that it enrols participants in, it shall ensure that at least one adequately trained representative is present. Where Oana Flora & Fauna notifies the client reasonably in advance of any expedition that additional client representatives are required, whether due to the number of participants proposed or based upon participant profiles provided by the client to Oana Flora & Fauna, the client shall ensure that additional representatives in the quantity specified by Oana Flora & Fauna are present for that particular expedition.
16.3.2 Representatives of the client and Oana Flora & Fauna shall speak regularly, and upon reasonable written request from Oana Flora & Fauna, to discuss the conduct of participants, the client's compliance with its obligations under this Agreement, in particular in respect of clause 16.1 above, appropriate activities for Oana Flora & Fauna to offer to the client and whether any activities should be amended to further meet the needs of the client.
16.4 All participants are required to observe high standards of conduct and the client must ensure that each participant is aware of the terms of, and adheres to, Oana Flora & Fauna 's Code of Conduct (where applicable).
16.5 Where the client is contracting on behalf of a group:
16.5.1 the client shall ensure that a copy of the Code of Conduct is signed by a parent or guardian of each participant; and
16.5.2 where a representative of the client witnesses a breach of the Code of Conduct, such representative shall immediately intervene and sanction the participant accordingly; and 16.5.3 the client representatives shall use their best endeavours to ensure that any instructions delivered by Oana Flora & Fauna 's staff shall be followed by participants. In particular, client representatives shall ensure that all appropriate safety procedures are followed, including ensuring that all participants wear seatbelts during travel and ensure participants listen and adhere to all safety announcements.
16.6 Oana Flora & Fauna reserves the right to not accept or send home any participant, at the client’s own cost, who in the sole opinion of the expedition course leader is not fit to participate in the expedition or whose behaviour at any time is deemed unacceptable by Oana Flora & Fauna.
16.7 The importation of recreational drugs, substances and other materials into certain destination countries is treated very seriously and imprisonment is likely when caught.
16.8 Oana Flora & Fauna reserves the right to terminate the participation in the expedition of any person causing damage or offence (in Oana Flora & Fauna's sole discretion) and will not be obliged to cover any additional expense or to offer compensation in such circumstances.
17. AUTHORITY ON TOUR
17.1 Oana Flora & Fauna’s expedition leaders will make final decisions in all matters relating to safety. Oana Flora & Fauna shall not be responsible for any unlawful or illegal act committed by any partcipants. If Oana Flora & Fauna’s staff consider a participant unsuitable for the trip, the Oana Flora & Fauna may cancel such client’s booking or decline to carry the client further, without any refund or compensation being due.
18.1 Oana Flora & Fauna will always endeavour to resolve any complaints at the relevant time, however if the matter cannot be resolved clients should write to Andrea Pawel, within 14 days of the end of the expedition. Oana Flora & Fauna will endeavour to resolve the problem as promptly as possible.
19.1 All rights, remedies and powers conferred upon the parties are cumulative and shall not be deemed to be exclusive of any other rights, remedies or powers now or subsequently conferred upon them by law or otherwise.
19.2 Each party will do all things necessary including executing all documents necessary to give effect to the intention of the parties in relation to this Agreement.
19.3 Should any term of this Agreement be considered void or voidable under any applicable law, then such terms shall be severed or amended in such a manner as to render the remainder of this Agreement valid and enforceable, unless the whole commercial object is thereby frustrated.
19.4 Nothing in this Agreement shall be deemed to constitute a joint venture, partnership or relationship of agency or employment between the parties.
19.5 This Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.
19.6 Oana Flora & Fauna shall have the right to make any changes to this Agreement which are necessary to comply with any applicable law or
safety requirement, or which do not materially affect the nature or quality of the activities provided, and Oana Flora & Fauna shall notify the Client in any such event.
19.7 Any bookings made from 07 November 2017 shall be subject to these Terms and Conditions (version 1.0).
20. ANTI-BRIBERY AND CORRUPTION
20.1 Oana Flora & Fauna shall:
20.1.1 comply with all applicable laws, statutes and regulations relating to anti-bribery and anticorruption including but not limited to the Bribery Act 2010 (“Relevant Requirements”);
20.1.2 not engage in any expedition, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such expedition, practice or conduct had been carried out in the NAMIBIA;
20.1.3 comply with Clients code of business conduct in each case as Client may update them from time to time (“Relevant Policies”);
20.1.4 have and shall maintain in place throughout the term of this Agreement its own policies and procedures, including adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements and the Relevant Policies, and will enforce them where appropriate;
20.1.5 promptly report to Client any request or demand for any undue financial or other advantage of any kind received by Oana Flora & Fauna from any party including any employee or consultant of Client in connection with the performance, execution or negotiation of this Agreement;
20.1.6 provide the Client and its representatives with any reasonable assistance for the purpose of demonstrating compliance with the Relevant Requirements and Relevant Policies.
20.2 Oana Flora & Fauna shall ensure that any person associated with Oana Flora & Fauna who is performing services or providing goods in connection with this Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on Oana Flora & Fauna in this Clause 20.
20.3 Breach of this Clause 20 shall be deemed a material breach for the purposes of Clause 10.
21. PERSONAL BELONGINGS, BAGGAGE
21.1 All personal belongings, including baggage is at all the times at the client’s risk, Oana Flora & Fauna cannot accept liability for any loss or damage.
22. **TRAVELERS UNDER 18 YEARS OF AGE**
In an effort to prevent international child abduction, many governments have procedures at entry and exit points to protect minors. Thus, if a minor will be traveling with only one guardian or alone, he or she may need a notarized letter from all legal guardians stating that the minor may travel unaccompanied or in the presence of a single guardian. Check with your nearest embassy or consulate of the destination country for its requirements. Be sure to check with your airline as well because most carriers have their own policies and documentation requirements for unaccompanied minors, e.g., a birth certificate.
Important: Requirements of specific countries and airlines vary and change frequently. You must keep informed of the requirements on your own to avoid problems at immigration. If the minor is refused entry into a country or onto a flight because of lack of documentation, there may be nothing Oana Flora & Fauna can do to help.
The client's continuing instructions or placing of bookings will constitute acceptance of these Terms and Conditions.
By signing, I acknowledge that I have read and understood the terms and conditions of Oana Flora & Fauna (Pelladrift PTY Ltd) I have read the information provided by Oana Flora & Fauna and informed myself of the nature of the excursion and am aware that I will be exposed to risks that I am not normally exposed to. These include the risks associated with hiking, swimming in the Orange River, and other adventure activities as well as travel to and in a remote, wilderness environment where medical and other help is not readily available in cases of emergency. These risks include injury and death. I voluntarily assume the risks of taking part in the excursion and I and my heirs, executors, administrators or assigns hereby jointly and severally irrevocably indemnify, hold harmless and expressly exempt Oana Flora & Fauna (Pelladrift PTY Ltd), its organizers, staff and agents from any liability due to damage, loss, injury or death suffered by or to myself howsoever arising, and whether sustained directly or indirectly or in consequence of any act of omission or commission.