My Photo Safari Terms and Conditions

1. Parties

Rory Baker Photography trading as My Photo Safaris.
7 Flack Place Durban North, 4051 KwaZulu-Natal, South Africa.
Herein referred to a “MY PHOTO SAFARIS” or "SAF"
The person or persons making a booking or reservation will here-in be know as “CLIENT” or “CLIENTS” or "GUEST" or "GUESTS".

2. Acceptance of Terms and Conditions

By submitting a Booking Form the CLIENT is deemed to have read and agreed to MY PHOTO SAFARIS full terms and conditions and agrees, as far as what is related to him/her, to be bound to such terms and conditions. If SAF does not receive a signed Booking Form you will be deemed to have read and accepted these Terms and Conditions upon receipt of your deposit.

3. Reservations

Reservations are made strictly on a first come first serve basis. A GUESTS seat on a photo safari or workshop is only confirmed once a deposit or payment is made as per these terms and conditions.
All photo safaris and workshops are subject to a minimum number of clients registering before such a photo safari or workshop goes ahead. SAF may, at its sole discretion, cancel or delay any photo safari or workshop due to minimum numbers not being reached..
SAF rates are based on sharing a room with another GUEST. If you are a solo traveler and do not mind sharing a room with another solo traveler SAF will do our best to accommodate you with the someone compatible. However if no other suitable solo traveler is available, or if you request a room to yourself you will be liable to pay the full single supplement price as indicated in the photo safari or workshop package. In any event single supplement rooms are subject availability.

4. Confirmation of Payments

For the purpose of these terms and conditions 'Payment" or Payments" means when monies are received and reflected into SAF banking account.
A non-refundable deposit of between 30% and 50% is due to confirm a booking of any scheduled photo safari or workshop as indicated on each photo safari detail.
In the case of a Private or Custom photo safari the minimum non-refundable deposit will not be less than 50% but may be more depending on the details and timing of the Private or Custom photo safari.
The balance of the payment is due in full 90 days before the start date of a photo safari or 45 days before the start of a workshop.
If a GUEST makes a booking within 90 days of the start date of a photo safari or 45 days of the start date of a workshop the full amount must be paid to confirm a seat(s).
If SAF does not receive final payment as per these terms and conditions then SAF reserve the right to cancel the booking as per the cancellation policy - section 5.
Cash payments are not accepted.
Payments must be made in the currency as shown in the photo safari or workshop package and the SAF invoice unless agreed differently in writing with SAF.
CLIENTS bank charges are for CLIENTS account. The landing amount in the SAF banking account must equal the invoice amount.
Payments must be made by EFT or any other wire transfer / online payment method as provided on the invoice or website.
As soon as you have made payment please email a copy of the proof of payment (POP) to SAF at info@myphotosafari.co.za.

5. Cancellations & Refunds

SAF reserves the rights to cancel the CLIENT reservation should payment not be received within the periods specified in these terms and conditions.
Cancellation of any Photo Safari  by a CLIENT must be in writing directly to SAF where the following shall apply:
  • In the event, for whatever reason a cancellation is made, the CLIENT will forfeit the non-refundable deposit.
  • Where the cancellation is more than 90 days before the start date of the photo safari all amounts paid less the non-refundable deposit will be returned to the CLIENT.
  • Where the cancellation is 90 days or less before the start date of the photo safari no refund will be made unless SAF is successful to fill all seats on that photo safari. In such case the full deposit plus any other amounts paid by the CLIENT less ZAR1,600.00 administration and handling fee will be returned to the CLIENT.
Cancellation of any Photo Workshop by a CLIENT must be in writing directly to SAF where the following shall apply:
  • In the event, for whatever reason a cancellation is made, the CLIENT will forfeit the non-refundable deposit.
  • Where the cancellation is more than 45 days before the start date of the workshop all amounts paid less the non-refundable deposit will be returned to the CLIENT.
  • Where the cancellation is 45 days or less days before the start date of the photo safari no refund will be made unless SAF is successful to fill all seats on that workshop, then only the full deposit plus any other amounts paid by the CLIENT less ZAR1,600.00 administration and handling fee will be returned to the CLIENT.
If a Client for whatever reason does not arrive at the commencement of a photo safari or workshop, SAF reserves the right to commence the photo safari or workshop without the CLIENT. Notwithstanding the aforementioned SAF will make all reasonable arrangements and endeavors to bring the CLIENT into the photo safari or workshop when he/she arrives. Addition costs if any will be for the CLIENT.
SAF may at its sole discretion cancel any photo safari or workshop due to events outside the control of SAF including but not limited to flood, fire, act of God, natural disasters, disease, war or threat of war, physical unrest, political instability, riots, civil disturbances, terrorist activities (threatened or actual), strikes, port or airport closures, or technical problems with, or unavailability of, necessary transport or services. In such circumstances;
  • Any amounts already paid by CLIENT may be transferred to another SAF photo safari or workshop, the new photo safari or workshop price will be prevail.
  • Client may receive a full refund.
  • Transferable values or refunds as per above will be less any unrecoverable expenses already incurred by SAF (such as destination deposits).
  • Any incidental expenses inured by CLIENT including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights shall not be the responsibility of SAF.

6. Insurance

Each CLIENT undertakes to procure and maintain adequate and comprehensive travel insurance for the entire duration of the photo safari or workshop, including eventualities as described in section 9b.
Each CLIENT undertakes to procure and maintain adequate and comprehensive travel insurance to cover personal losses, camera equipment loss or damage, medical expenses (including evacuation and repatriation), flight delays and cancellations, etc. CLIENTS should pay close attention to any exclusions and limitations on his/her policies.
Each CLIENT is responsible to provide proof of travel insurance if requested on or before 30 days before start date of the photo safari or workshop.

7. Waiver

SAF reserves the right to:
  • suspend or cancel any CLIENTS participation or further participation in photo safari or workshop because of any unfavorable and or disruptive conduct.
  • cancel or amend any photo safari or workshop within its absolute discretion as a result of any circumstances whether or not outlined in these terms and conditions. In such case a full or partial refund will be made as outlined in these terms and conditions.
  • substitute a photo safari coach, guide or workshop mentor for personal or health reasons and such substitution shall not be deemed as a reason for a CLIENT to request a refund.
In any event where the scheduled photo safari or workshop is amended, extended or rescheduled as a result of a CLIENT delayed arrival or any other reason outside the control of SAF, and the CLIENT agree to such amendment, extension or reschedule, additional expenses shall be for the account of the CLIENT.

8. Limitation of Liability

The CLIENT acknowledges that there are inherent risks in participating in photo safaris or workshops and participation is at his/her own risk and he/she shall be responsible for all loss and damage albeit to self, equipment or property.
The CLIENT acknowledges that SAF photo safaris and workshops are carried out on third party premises and SAF do not have any control in relation to the procedures, rules, safety, security and layout of the premises. SAF also makes use of third party agencies, transit companies, boat operators, safari vehicles and other individuals to assist in the photo safari and workshop operations and is not responsible for the acts and omissions of these third parties.
The CLIENT indemnifies and shall not hold SAF and/or its affiliates, subsidiaries, officers, staff, employees, agents or contractors responsible or liable in any way for any loss, damage, injury, or loss of life, cost or expense directly or indirectly, or any indirect consequential, incidental or punitive loss or damage, arising out of or in connection with performance and/or non-availability of the photo safari or workshop, regardless of whether SAF had been advised or had known of the possibility of such loss, damage, injury, cost or expense. d) Without limitation to the foregoing, the CLIENT shall not hold SAF responsible or liable in any way for the following:
  • any delays which may arise during the course of the photo safari or workshop due to any circumstances whatsoever,
  • any change in the proposed itinerary (including but not limited to any travel or accommodation arrangements for the photo safari or workshop arising from any circumstances whatsoever;
  • the occurrence of any conditions or illnesses which may necessitate medical attention during the course of the photo safari or workshop; and/or,
  • any loss, damage, injury, loss of life, cost or expense which may arise as a result of the social, civil and/or political situation in the country where the photo safari or workshop is been held,
  • any loss or damage to camera equipment or personal items.
The Client further represents and warrants that he/she shall indemnify and hold SAF, its affiliates, subsidiaries, shareholders, officers, employees, agents or contractors harmless from any loss including but not limited to loss, damage, costs, actions, claims, liabilities, proceedings, demands, risks, charges and/or expenses of whatsoever nature or howsoever arising, inclusive of delays, cost of cover, loss of data, loss of opportunities and inconveniences, special, incidental, punitive, exemplary or consequential damages (whether in delict, contract or otherwise) whether direct, indirect, joint, several, actual, contingent or otherwise (including legal fees on a full indemnity basis) and includes but is not limited to claims made by third parties and claims for defamation, infringement of any intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising.
The CLIENT acknowledges that SAF photo safaris and workshops are carried out on third party premises and SAF do not have any control in relation to the procedures, rules, safety, security and layout of the premises. SAF also makes use of third party agencies, transit companies, boat operators, safari vehicles and other individuals to assist in the photo safari and workshop operations and is not responsible for the acts and omissions of these third parties.

9. Disputes

Should any dispute arise under or in connection with this Agreement the Parties shall first use mediation to resolve it by mutually appointing a single Mediator. The costs of the Mediator shall be shared equally between the Parties and any other legal costs incurred by either Party with respect to the dispute shall be for each Parties own account.
If mediation fails the dispute will be finally settled by arbitration before a single arbitrator appointed by agreement or (in default) nominated on the application of either party in accordance with the rules of the Arbitration Foundation of South Africa (“AFSA”). The AFSA arbitration rules shall govern the arbitration proceedings and the venue of the arbitration shall be Durban. The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings. The Parties irrevocably agree that the decision in the arbitration proceedings shall be final and binding on the Parties.

10. Applicable Law

This agreement will be governed by and construed in accordance with the Laws of South Africa.

11. Other

Where a CLIENT wishes to transfer a booking to a third party, such request must be made in writing. Transfers to third parties will only be permitted if the third party completes all the booking information for such photo safari or workshop and it is accepted by SAF. An administration fee of ZAR 500.00 will be will be charged per person per transfer.
Gratuities and tips are not included in the photo safari or workshop prices.
SAF will provide each CLIENT with detailed information, ”photo safari information” or “workshop information“ and a “detailed itinerary” at a reasonable time prior to the start date of the photo safari or workshop. The CLIENT is responsible to ensure he/she has read and understood the contents of the document to be fully prepared for what to expect.
SAF will from time to time use images and/or video shot while on a photo safari or workshop for marketing purposes. The CLIENT(S) signed booking form shall serve as a model release giving consent and rights to SAF to use such images or video for promotion and marketing of future photo safaris, including online or in print, and the CLIENT therefore grants SAF a perpetual, royalty-free, worldwide, irrevocable license to use such media publicly or privately and to market and sell copies. You waive any rights, claims or interest you may have to control the use of your identity or likeness in the photographs and videos and agree that any uses described herein may be made without compensation or additional consideration to you.
It is each CLIENTS responsibility to ensure that his / her travel documents (including passport, health and visa documents) are in order prior to departure.
The CLIENT certifies and acknowledges that he/she has read and understood all of the provisions of these terms and conditions and shall fully and faithfully comply with such provisions when he/she signs the Booking Form or upon payment.

- end of terms
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