Capture Africa Tours, LLC and it’s and their employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively “Capture Africa Tours, LLC”) does not own or operate any entity which is to or does provide goods or services for your trip including, for example, lodging facilities, airline or other transportation companies, guides, or guide services, local ground or safari operators (whether or not they use Capture Africa Tours, LLC Company name), food service providers, etc… As a result, Capture Africa Tours, LLC is not liable for any negligent or willful act or failure to act of any such person or entity it does not own or control, nor for any act or inaction of any third party not under its control.
Without limitation, Capture Africa Tours, LLC is not liable for any direct, indirect consequential, or incidental damage, injury, death, financial or other loss, accident, delay, inconvenience or irregularity of any kind which may be occasioned by reason of any act or omission beyond its control, including, without limitation, any willful or negligent act, failure to act, breach of contract or violation of local law or regulation of any third party such as an airline, train, hotel, bus, taxi, van or safari vehicle, local ground handler or guide, whether or not it uses the Capture Africa Tours, LLC name, financial default or insolvency of any supplier which is to, or does supply any goods or services for this trip. Similarly, Capture Africa Tours, LLC is not responsible for any loss, injury, death or inconvenience due to delay or changes in schedule, transportation delays or cancellations or the failure of any transportation mechanism to depart or arrive timely or safely, overbooking of accommodation, default of any third party, attacks or bites by animals, pests, or insects, injury or death while on activities sponsored by lodging facilities or by other parties, sickness, the lack of approprite medical care, evacuation to same, if necessary, weather, strikes, acts of God or acts of or orders of government, acts of terrorism, or the threat thereof, force majeure, war, quarantine, epidemics, pandemics, or the threat thereof, sanitation problems, criminal activity, or any other cause beyond it’s control. In addition, guests agree to hold Capture Africa Tours, LLC harmless from its own negligence and assume all risk thereof.
The right is reserved to alter, cancel or postpone the itinerary or trip, at Capture Africa Tours, LLC sole discretion, as it may deem necessary or advisable. Capture Africa Tours LLC reserves the right to decline to accept or retain any passenger on any of its tours if, in its sole discretion, it deems accepting or retaining any such passenger as creating a health or safety risk to any person or bind a detrimental to the tour, or if that person’s continued presence is inconsistent with the best interests of the trip, other quests or staff. In the event any passenger is removed from a trip, Capture Africa Tours, LLC’s only obligation is to refund to that person that portion of the payment allocable to unused services.
Changes in itinerary may be made at the discretion of Capture Africa Tours, LLC or your local ground operator.
Any purchase of goods or services which client makes while on the trip are solely at client’s risk, including, without limitation, such problems as defects, failure to ship or damage to goods while in shipment, whether or not the purchase was made from a vendor recommended by a guide, other person rendering trip services, or any third party.
I agree that if I am injured or become ill, Capture Africa Tours, LLC may, at my cost, attempt to arrange medical treatment, evacuation or any other emergency services on my behalf as it deems essential for my safety and well being.
I accept responsibility to have a passport, visa, vaccination and other travel documentation in proper order. I realize I may contact the embassies or consulates of the countries I plan to visit for information, and that my passport may have to have a certain number of fully blank pages and be valid for at least six months after the trips end.
For information concerning possible health, vaccination, and safety issues for international travel I acknowledge that I may contact the United States Department of State and Centers for Disease Control and Prevention’s country specific information available at https://www.state.gov/traveler and http://www.cdc.gov.
Capture Africa Tours, LLC and your local operators of tours and/or suppliers of services reserve the right to remove anyone from a safari/trip/tour without refund who acts in a manner which is unsafe or inconsiderate to fellow travelers, or others and/or who ignores the request of his or her guide(s) to act in a safe and considerate manner.
No changes in this Agreement can be made except by a writing signed by and office of Capture Africa Tours, LLC. Prices are subject to change without notice due to currency fluctuations, energy surcharges and/or other causes.
Any controversy, dispute or claim arising out of or relating in any way to the Agreement, any promotional literature, representations, or other information relating to any way to the trip, or the trip itself, shall be resolved solely and exclusively by by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then-existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc (JAMS). Such proceedings will be governed by the substantive (but not procedural) Michigan law and will take place in St. Joseph, Michigan. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscious ability, or formation of this contract, including but not limited to any claim that all or any part of the contract is void or voidable.
Please understand that by agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury. Any arbitration commenced against Capture Africa Tours, LLC must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as as a spouse or child. Under no circumstances can participants be part of a class or joint action.
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