TERMS AND CONDITIONS FOR ECOVITALITY'S NAMIBIAN SAFARIS

INFORMATION AND ASSISTANCE:  If you would like more information, please contact us at tours@ecovitality.org, info@ecovitality.org or 727-593-5878.

PRICES: The current Safari Prices are listed on our home page and are subject to change at our discretion.  We will not increase the price for any client who has already made a booking.

BOOKINGS: Clients must fill out the Booking Form and must send that form to EcoVitality accompanied by a check or credit card authorization for the required deposit and by a signed statement indicating that the client has read, understood, and agreed to the liability waiver provisions in the following terms and conditions.

Please print a copy of the Booking Form if you are prepared to make a booking after carefully reading the liability waiver provisions and other terms and conditions explained below.

Safari Booking FORM

Except in special circumstances, each tour will take no more than 8 clients and will be filled on a first-come, first-accepted basis.  We reserve the right to cancel any tour that does not have four or more paying clients, but we will take two or three people on the fly-in safaris at a higher per capita price indicated on the main safari page for each type of tour.  In the event we are forced to cancel a tour because insufficient people have signed up for it, our clients who have made a booking for that tour will be given the choice of joining another safari that still has available slots or of receiving a full refund of their booking deposit.

BOOKING DEPOSIT:  The Booking Form must be accompanied by the required deposit, which is $1000 per person for each safari.  The balance will be due ninety days before the date on which the applicable tour is scheduled to begin.  Please see the discussion below on trip cancellation fees that will be imposed in the event a client is unable to go on the tour he or she has booked.

What The Safari Price Includes:  All accommodations, transportation, tour guide salaries, camping equipment, meals and beverages in Namibia, including beer, wine, and reasonable amounts of liquor.  The tour price also covers the cost of the hotel overnight in Johannesburg while clients are in transit  to Windhoek.

What The Safari Price Does Not Include:  Airfares, trip cancellation and medical insurance, medical evacuation costs, passport and visa fees, staff gratuities, any damage to cameras, binoculars, or personal electronic equipment, personal medicines and dietary supplements, clothing and personal effects, handicrafts, souvenirs or other gifts, and deviations from the planned itinerary not approved by our lead guide.

GRATUITIES:  Tips are not required or included in the tour price because we believe they should be entirely a matter of personal discretion on the part of our clients.  

AGE RESTRICTIONS:  Except by special arrangement, no applicant under the age of twelve (12) will be accepted due to the variety of risks and rigors associated with these tours.  Any minor must be accompanied by an adult who accepts full responsibility for the behavior and safety of the minor.  The minor's Booking form and liability waiver acceptance must be signed by a parent or other authorized legal guardian--the signature of the accompanying adult is NOT sufficient unless that adult is a parent or authorized legal guardian.

MODIFICATION OF ITINERARIES AND ACCOMMODATIONS:  Safari dates, routes, and program details, provided in good faith based on information available as of September, 2004, are subject to change without liability to EcoVitality.  Factors outside our control, such as changes in airline schedules or reduced cooperation by a particular lodge or village, may require some revision of safari routes though this has never occurred in the past and we have no reason to believe it will occur this year.   In the same manner, EcoVitality must reserve the right to replace hotels, lodges, or other accommodations listed in the day-by-day itineraries with comparable facilities if  listed accommodations become unsuitable or unavailable for any reason.

We will be sending all clients a detailed packet of information on subjects such as personal equipment choices, appropriate clothing, medicines and personal supplies to bring along, and other explanatory material.  The terms and conditions below contain vital information that prospective clients should consider BEFORE they decide to apply for a booking.

CANCELLATION FEES:  Clients may find that they have to cancel a planned tour for many reasons ranging from family emergencies or physical injuries to whim and caprice.  EcoVitality cannot be involved in judging the validity of these reasons, and we will be undertaking a variety of obligations based on the bookings we have received.  For that rationale, we must implement the following cancellation fee policy:

----If a Booking is cancelled  before January 1, 2004, the deposit will be returned minus a $100 cancellation fee.

----If a Booking is cancelled by March 1, 2004, we will return half of the deposit ($500).

----No refund will be granted for any Booking cancelled by the client after March 1, 2004.

TRIP CANCELLATION INSURANCE:  We recommend that clients consider obtaining trip cancellation insurance.  There is always a chance that a client may become injured or ill before the scheduled tour date or may be subject to an unanticipated emergency that precludes participation in the tour.  Moreover, EcoVitality accepts no responsibility if a tour must be canceled or delayed because of unusual weather, wars, strikes, equipment failures of airplanes or motor vehicles, or other causes outside our control.  While we will do what we can to prevent or circumvent such problems, we advise clients to insure themselves against possible losses from such contingencies.  EcoVitality cannot and will not insure each client against potential losses from trip cancellations.

In the packet of tour-related materials we will send each client after booking, we will include information on at least two insurance carriers that sell trip cancellation insurance.  These policies often also include coverage of emergency medical evacuation costs that clients should definitely purchase.

MEDICAL AND PHYSICAL FITNESS REQUIREMENTS:  Our safaris are not especially strenuous because they primarily entail wildlife and scenery viewing from 4-wheel-drive vehicles or low-flying airplanes, with a number of short voluntary walks.  Clients may request walks and other more strenuous activities, which will be conducted as a group unless a guide is available to accompany a two or more people who want to do something different.  In all situations, the EcoVitality lead guide will make the final decision on all activities.

EACH CLIENT bears the ultimate responsibility for ensuring that he or she is in good health and physical shape.  Many tour operators require a medical authorization by a physician before they will allow clients to book an African tour.  Because we are clearly placing the responsibility for adequate health and fitness on each individual client, we are not requiring a formal medical certification.  However, we recommend that all prospective clients have a complete medical examination to ensure that they are not subject to a medical condition, impairment, or propensity that could prevent them from undertaking strenuous trekking efforts in a safe manner.

SPECIAL DIETARY CONSIDERATIONS:  Food in Namibia is generally derived from German and South African culinary traditions that have a "meat and potatoes" focus.  We have arranged to offer more vegetable dishes, salads and fruits than are customary on Namibian tours, but they may be difficult to obtain and keep fresh in remote places such as the Khaudom Game Park or Koakoland Desert.  We'll be asking clients for their food preferences and will do our best to accommodate them.  We can provide a vegetarian diet for people who prefer this dietary choice.   Please let us know in ADVANCE if you have any unusual dietary needs or strong preferences.

AUTHORITY TO CONTROL SAFARI BEHAVIOR:  EcoVitality reserves the right to decline to accept any applicant for a safari booking or to require any client to withdraw from an on-going tour if, in the sole opinion of  EcoVitality management or our tour leader, this action will be in the best interest of the health, safety, and general welfare of the safari group members or of the individual participant.  If a client is required to withdraw due to inadequate physical conditioning or socially inappropriate behavior, no refund of safari costs will be due or provided.

RESPONSES TO MEDICAL EMERGENCIES: Namibia has a fairly good health care system in comparison with other African countries, and our vehicles will never be more than a few hours drive away from a hospital except during the days in the Khaudom Game Park.  If an emergency occurs in the Khaudom, our guides will provide whatever on-site care appears warranted and then will arrange to drive the injured or ill person to the nearest point where medical assistance or air evacuation can be obtained.   There is an airstrip near Tsumkwe Lodge, south of the Khaudom boundary, that can be used for a medical evacuation--at the client's  expense--and our guides carry mobile telephones able to summon emergency assistance in most areas if it is required.

Liability Waivers and Client Responsibilities

LIABILITY WAIVER PROVISIONS:  EcoVitality is a non-profit environmental organization operating tours in developing nations to fund conservation and development programs we are undertaking in those countries.  Many of our clients will be relatively affluent, and the lost earnings and medical damages from a single serious injury could well exceed any liability insurance coverage we can feasibly obtain for a risky activity that has inherent dangers without a correspondingly clear actuarial history.  Moreover, prospective clients are in a much better position to assess their potential economic losses and the likelihood of personal accidents under varying conditions in light of their distinctive physical, psychological, and economic circumstances.   EcoVitality cannot afford to "gamble" its organizational future on the possible outcomes of liability claims against us, and we must consequently refuse to accept any liability of any kind allegedly arising the operation of these wildlife-viewing tours.  We are making it absolutely clear that clients on our tours must agree to assume, and will definitely bear, all of the accident and injury risks arising from this enterprise.

EcoVitality also cannot monitor or control employee behavior in every way at every moment.   Errors of judgment by tour guides are not only possible but occasionally inevitable, and client participants are the only people who can effectively protect themselves against risky judgments by regulating their own actions and choices on the tour.   EcoVitality will not accept liability for any client injuries or other client losses during any phase of the tour, even if these damages are caused by the negligent or intentional conduct of tour employees. 

Applicants for bookings must sign and date the Booking Form statement acknowledging that EcoVitality cannot offer such ecotourism programs at the current tour price, or likely any price, if we have to bear liability for risks associated with voluntary participation in a tour in remote geographical areas.  By applying for an EcoVitality tour booking and signing the Booking Form, the applicant agrees on behalf of him or herself, potential heirs, and personal representatives, that no lawsuit or other legal action will be brought against EcoVitality for claims or damages arising from participation in any aspect of the trekking tours offered by EcoVitality.

It is the clear intent of these Liability Waiver Provisions to absolve EcoVitality of any form of liability for any damages arising from the operation of EcoVitality tours regardless of the cause and circumstances.  If a legal action for damages is brought against EcoVitality notwithstanding the provisions of this agreement, the court or other adjudicator shall interpret any alleged ambiguities or inconsistencies in light of this liability exclusion intent.

Please insure yourself.  If you are not willing to waive your legal claim to any damages of any kind incurred as a voluntary participant in EcoVitality safaris, without exception or qualification, please do not apply for a tour booking!