Guided Safaris LuxurySafariCamps.com and LuxurySafariLodges.com Website Terms of Use
Important! Guided Safaris forbids forced access to view this website by any user who falls in the blocked countries on our website server as the content on this website is not intended for viewing within the blocked geographic locations. It is the Guided Safaris policy to take legal action against users for ANY unauthorized access of this website. The information contained in this web site is subject to change without notice. Guided Safaris reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Guided Safaris grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Copyright © 1997-2024 Guided Safaris, Inc. All rights reserved. Guided Safaris, California (USA) Updated by The Guided Safaris Legal Team on October 15, 2024
Ownership of Site; Agreement to Terms of Use
LuxurySafariCamps.com and LuxurySafariLodges.com ("The Site") are websites owned and operated by Guided Safaris, Inc in California, USA. The Site is the property of Guided Safaris Inc. ("Guided Safaris"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Please read these terms carefully as they express your consent to all conditions and constitute your legal contractual agreement through use of this website and all services rendered by Guided Safaris Incorporated.
NOTICE: ALL TRIP PAYMENTS ARE NON-REFUNDABLE AT THE TIME OF REMITTANCE TO GUIDED SAFARIS.
ANY PAYMENT TO GUIDED SAFARIS CONSTITUTES A TRAVELER'S FULL ACCEPTANCE OF THE TERMS SET OUT HEREIN AND IN MORE SPECIFIC PRE-TRAVEL DOCUMENTATION, INCLUDING THE BOOKING CONTRACT PROVIDED TO EACH CLIENT.
Legal information and Notice:
These Terms and Conditions of Use (the "Terms of Use") apply to the Guided Safaris, Inc. website located at www.luxurysafaricamps.com and www.luxurysafarilodges.com, and all associated sites linked to www.luxurysafaricamps.com and www.luxurysafarilodges.com by Guided Safaris, Inc., its subsidiaries and affiliates, including Guided Safaris sites around the world (collectively, the "Site"). The Site is the property of Guided Safaris Inc. ("Guided Safaris"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Guided Safaris reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. IT IS YOUR RESPONSIBILITY to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. AS LONG AS YOU COMPLY WITH THESE TERMS OF USE, Guided Safaris grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. YOU ARE REQUIRED to review the entire terms of use and service conditions on this page thoroughly in order to continue browsing this website as your onward perusal of our content and website state your consent to these terms and agreements as outlined in detail below.
Note:
You may not use this website and the services or content it provides, nor accept the Terms outlined on this page, (i) if you are not of legal age to form a binding contract with Guided Safaris, or (ii) you are prohibited by law from receiving or using the Services. Although the Site is accessible to most countries, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Guided Safaris reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local law.
Important Copyright notice.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Guided Safaris, Inc., and is protected by trade dress, international copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. No part or content of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or enterprise.
CLIENT AGREEMENT
"I, the client, acknowledge that I have voluntarily applied for the trip as specified above. I understand that I may travel to remote countries and areas in Africa that are inherently risky including the stated destinations in my itinerary. I am prepared to assume the risks associated with this trip including: forces of nature; pandemic, epidemic, plague, weather; terrorism; civil unrest; war; strikes; local laws; accidents; and all transportation including land vehicles, boats and aircraft that are not necessarily operated or maintained to standards found in North America. I assume all risks associated with altitude, illness, physical injuries sustained, disease, alcohol consumption, physical exertion and sporting activities, knowing that access to evacuation and/or suitable medical supplies and support may not be available. I also assume full responsibility for my own baggage and personal possessions and effects. Guided Safaris, Inc., including its officers, directors, shareholders, employees, agents and successors, does not own or operate any entity which is a service provider for client journeys. I understand and agree that Guided Safaris purchases all transportation, accommodation, dining and all other services from a variety of independent entities. I understand and agree that Guided Safaris is not responsible or liable for the gross negligence or intentional acts by any service provider or other third party. I agree that I am responsible for purchasing comprehensive travel insurance and emergency medical insurance that will cover all expenses related to trip cancellation; missed connection, illness, change of mind to travel, loss of luggage and personal effects; medical expenses including evacuation; and all other issues related to personal reason, personal injury, death, property damage, or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any service provider including airlines, hotels and restaurants, or their employees or agents or any other third party (2) any defect or failure of any vehicle, equipment, aircraft or instrument owned by any service provider (3) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any third party. I understand that unforeseen events beyond the immediate control of Guided Safaris may occur, such as flight/train/boat/other transportation cancellations, destination issues, weather issues, political issues, hotel issues/problems, and other unexpected schedule changes. I agree that Guided Safaris is not responsible for such unanticipated and uncontrollable changes, and that any expenses resulting from such changes (e.g. additional hotel, transportation, or guide fees, etc.) would be my sole responsibility, and I further understand that I may be eligible to recoup such costs from my chosen travel insurance carrier. I hereby agree that everyone in my party, including myself, is of adequate health, and no one has any physical condition or disability that could prevent them from taking part in the journey or present a hazard to themselves, or have, hereby, disclosed any conditions that may hinder our/my ability to endure the exertions of this trip. By accepting this document I agree to take full responsibility for my own and the members of my party's actions, safety and welfare, including unanticipated events including injury, illness, theft, emotional trauma, death, forces of nature, war and terrorism. I hereby release and discharge Guided Safaris, Inc. and its agents and employees from and against any and all liability arising from my participation in the above trip. I agree that this release will be legally binding upon me, my heirs, successors, assigns and legal representatives, it being my intention to fully assume all risk of travel and to release Guided Safaris, Inc. from any and all liabilities to the maximum extent permitted by law. For information concerning entry requirement, visa or inoculations to the destinations applicable, Guided Safaris recommends contacting the U.S. State Department at (202) 647-5225 or www.travel.state.gov. For medical information, Guided Safaris recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel. I assume full and complete responsibility for checking and verifying any and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s) prior to putting down a trip deposit. It is my choice and responsibility to obtain any vaccinations or medications for travel and will consult my medical professional familiar with my health history if these are advised for my health conditions. Any issues or claims relating to terms and conditions or in any way relating to the journey shall be settled by binding arbitration in the State of California, in accordance with the current rules of the American Arbitration Association."
CLIENT AGREEMENT FOR ALL CREDIT CARD PAYMENTS:
"I, the cardholder named in the Guided Safaris credit card authorization document, accept that my deposit payment is non-refundable and all payments received by Guided Safaris, Inc. (CST # 2090406 40) for the travel services purchased on the indicated credit card constitute my acceptance of the Guided Safaris Booking Contract & Service Terms on behalf of each traveler participating in the trip being purchased, whether or not I accompany them on the trip. I further accept that upon receipt by Guided Safaris, Inc. of the signed and dated Credit Card Authorization form all travelers are subject to the Guided Safaris Inc Service Conditions and Cancellation Terms provided. I verify that all information on the Credit Card Authorization is correctly provided, and that I, the signed Cardholder, am the cardholder of the above credit card. My signature also implies that I, the cardholder and/or my travel companions agree not to request any charge backs on the credit card until any disputed matters are resolved with Guided Safaris, Inc. and travel service providers that have undertaken this booking. I further verify that the signature above is my signature as indicated on the reverse of the above-indicated card. I acknowledge that full payment is required per the dates specified in payment terms attached to my confirmed itinerary and that GUIDED SAFARIS reserves the right to CANCEL bookings without refund for which full payment has not been received by the dates outlined in the payment terms. I also accept that if any payment is withheld by my refusal to pay or by the credit card issuing company, or a bank, either due to limits on the type of credit card held, invalid account balance, insufficient availability of funds or ANY other reason stated by the bank, credit card authorizer or merchant service, this payment must then be made to Guided Safaris via an alternative functional credit card on the same day or EXPEDITED VIA SAME DAY BANK WIRE, PLUS any late payment fee or changes in pricing stipulated by Guided Safaris when such payments are not duly processed on account of credit card limitations. "
CLIENT BOOKING TERMS
The advance payment, all forms of deposit OR any other partial payment for a reservation on a travel package constitutes consent to all provisions of the standard Guided Safaris Booking Contract as attached to this document. These standards terms under which you agree to purchase Guided Safaris services are non-negotiable. These booking conditions form part of the contract between the Client, travel participant(s), primary cardholder or trip sponsor, referred to below as 'You', Your', 'The Client', 'Traveler', 'Passenger', 'Primary Cardholder' or 'Guest' AND GUIDED SAFARIS, INC., a registered Seller of Travel in the State of California (CST. 2090406 40), referred to below as 'GUIDED SAFARIS INC', 'GUIDED SAFARIS', 'we', 'us' and 'our', for all travel arrangements reserved on behalf of the Client. The non-refundable deposit and current trip total amount to be paid by or on behalf of the travelers for the services is as quoted to the traveler and stated on Page 1 of the Booking Form and Contract provided to the Client, as agreed upon and signed by the Client, Traveler, or Primary Cardholder, in the Guided Safaris Booking Consent and Credit Card Authorization form, plus any amendments or additions of services to the finalized itinerary as requested by the Client. While not a normal occurrence, prices are subject to change without any prior indication by suppliers due to increase in rates, airfares, transport rates, exchange rates, government tax or newly-imposed levy, VAT implementation etc, which are outside our reasonable control. GUIDED SAFARIS reserves the right to cover increased costs, tariffs & taxes and to reflect fluctuations in foreign exchange markets. GUIDED SAFARIS reserves the right to cancel bookings for which full payment has not been received by the dates outlined in the payment terms. For all payment via credit card: Travelers understand that if any payment is withheld by the credit card issuing company, or bank, either due to the type of credit card held, invalid account balance, insufficient availability of funds or any other reason supplied by the credit card authorizer or merchant service, travel payment must then be expedited to GUIDED SAFARIS via an alternative functional credit card, or overnight check, or expedited bank wire within the next day, plus any late payment fee or changes in pricing where applicable when such payments are not duly processed on account of your credit card status or lack of funds.
Cancellation Policy:
All trip payments are non-refundable. Cancellations policies for each trip are outlined in your issued Travel Documentation and Guided Safaris Payment Invoice.
Limitation of Liability
Except where prohibited by law, in no event will Guided Safaris be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Guided Safaris has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Guided Safaris, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Guided Safaris by any third party due to or arising out of or in connection with your use of the Site. Violation of These Terms of Use Guided Safaris may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Guided Safaris’ rights or property, or the rights or property of visitors to or users of the Site, including Guided Safaris’ customers. Guided Safaris reserves the right at all times to disclose any information that Guided Safaris deems necessary to comply with any applicable law, regulation, legal process or governmental request. Guided Safaris also may disclose your information when Guided Safaris determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Guided Safaris may preserve any transmittal or communication by you with Guided Safaris through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Guided Safaris determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Guided Safaris, its employees, users of or visitors to the Site, and the public. You agree that Guided Safaris may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Guided Safaris, for which monetary damages would be inadequate, and you consent to Guided Safaris obtaining any injunctive or equitable relief that Guided Safaris deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Guided Safaris may have at law or in equity. You agree that Guided Safaris may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Guided Safaris does take any legal action against you as a result of your violation of these Terms of Use, Guided Safaris will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Guided Safaris. You agree that Guided Safaris will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by International Trade laws, laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Guided Safaris and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed Fourteen (14) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Countries with Prohibited Access
Guided Safaris administers and operates the LuxurySafariCamps.com and LuxurySafariLodges.com Site from its locations in California, USA; other Guided Safaris sites may be administered and operated from various locations outside the United States. Although the Site is accessible to most countries, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Guided Safaris reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Important: Note that Guided Safaris forbids forced access to view this website by any user who falls in the blocked countries on our website server as the content on this website is not intended for viewing within the blocked geographic locations. It is the Guided Safaris policy to take legal action against users for ANY such unauthorized access of this website.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Guided Safaris with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Guided Safaris with respect to such use are hereby superseded and cancelled. Guided Safaris will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Guided Safaris’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Guided Safaris of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Guided Safaris and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Guided Safaris provides access to Guided Safaris international data and, therefore, may contain references or cross references to Guided Safaris products, programs and services that are not announced in your country. Such reference does not imply that Guided Safaris in your country intends to announce such products, programs or services.Feedback and Information Any feedback you provide at this site shall be deemed to be non-confidential. Guided Safaris shall be free to use such information on an unrestricted basis.
Ownership
The website, services and content, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Guided Safaris and its suppliers do not grant any express or implied rights to use this website, the Guided Safaris service and content. The trademarks, logos and service marks displayed on the Site (the "Marks") are the property of Guided Safaris, Inc. or third parties. You are not permitted to use the Marks without the prior consent of Guided Safaris, Inc. or the third party that may own the Marks. The Guided Safaris logo and the LuxurySafariCamps.com and LuxurySafariLodges.com brands are trademarks of Guided Safaris Incorporated. The slogan “Original Luxury Safari Camps and Lodges collection”, G logo and the illustrated Wheat Leaf are international copyright service marks of Guided Safaris, Inc.
AMENDMENTS
Guided Safaris reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time as the result of any material changes to legislation or regulation. All amended Terms and Conditions shall automatically be effective upon being posted by Guided Safaris to the website luxurysafaricamps.com and luxurysafarilodges.com. Accordingly, clients should check their actually issued contract documentation prior to payment and travel in order to ensure that they are aware of any changes. The information contained in this web site is subject to change without notice.
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