Terms and Conditions

1. Validity of agreement.

Only the English version of this agreement is valid on a court of law. (The German version must be regarded as a correct translation of the English version as possible).

2. The offer.

2.1 The safari or tour offer will be in accordance with the description of the offer contained in the latest prospectus. Any additions or alterations to the offer must be confirmed by BUNDU SAFARIS LTD in writing. The offer as agreed to, which includes statements and details given with the booking confirmations, is binding. 

2.2 The client warrants that he/she has the authority to conclude this booking and the contract between BUNDU SAFARIS LTD and the client.

2.3 Acceptance by BUNDU SAFARIS LTD of the booking shall be evidenced by forwarding to the client or agent of an invoice, indicating an amount due by the client to BUNDU SAFARIS LTD, and the client making payment of the deposit, being equal to 20% of the safari fee and due on reception of invoice

2.4 In the absence of a signed booking form, the invoice shall substitute to confirm the contract between BUNDU SAFARIS LTD and the client.

2.5 The full amount due shall be payable to BUNDU SAFARIS LTD not less than 6 (six) weeks prior to the departure date.

3. Notice by BUNDU SAFARIS LTD

3.1 In the following circumstances and cases BUNDU SAFARIS LTD may give notice and thus cancel this agreement:

a. Seemingly important reasons that could lead to the cancellation of a tour or any other offer prior to the commencement of such tour, or the discontinuation of a tour after commencement of such a tour, such as  weather conditions, acts of God, unrest, strikes, epidemics, unexpected governmental legislation and regulations or any other similar occurrences or incidents not deliberately caused by BUNDU SAFARIS LTD.

b. If the traveler for whom the reservation according to this agreement has been made, be it the client according to this agreement or not, persistently disturbs, harasses or inconvenience fellow travellers, and/or unreasonably affects the performances of the tour or any other offer and/or when the behaviour of the traveller is contravening this agreement to such an extent that an immediate cancellation of this agreement is justified. In this event the client shall be responsible for making his/her own further travel arrangements at his/her own cost. In these circumstances BUNDU SAFARIS LTD shall not be liable to make any refund to the client, who will have no claim of any nature whatsoever against BUNDU SAFARIS LTD .

c. If the client is in breach of contract. 

3.2 The decision to give notice according to this agreement lies solely with the Management of BUNDU SAFARIS LTD. In any case BUNDU SAFARIS LTD is obliged to immediately inform the client when the preconditions for a cancellation or discontinuation of a tour or any offer have been postulated.

4. Withdrawal and cancellation from the contract of tourism

The client can cancel the contract of tourism essential for that is the access of the cancellation notice to BUNDU SAFARIS LTD. In case of cancellation or if the client does not leave out for the trip, BUNDU SAFARIS LTD can claim refund for the already done tour arrangements and necessary expenses.

Cancellations may only be accepted in writing, and the cancellation fee schedule is as follows:

Time

60 days and more
Charges

20% of the total amount invoiced
30-59 days
50% of the total amount invoiced
Less than 30 days
100% of the total amount invoiced
5. Objections and complaints.

5.1 Possible claims by the client (tour participant) for whatever reason, in all cases prescribe 6 months after the date of completion of the relevant tour. All claims submitted after this period are null and void. 

5.2 During the journey (tour or safari) any possible defects or failures or any given contingencies, occurrences or incidents which appear to the client (tour participant) to be a deficiency or shortcoming, must immediately (on the spot) be communicated to the tour leader of BUNDU SAFARIS LTD. If such a deficiency is not communicated on the spot and immediately to BUNDU SAFARIS LTD, subsequent compensation claims on the matter are not possible. Any substantial deviation from the performance and offer contained in the agreement, or incidents and occurrences which may appear to the client (tour articipant) to be a substantial deviation and/or defect, the client must, in addition to communicating the matter to the tour leader, inform the head office of BUNDU SAFARIS LTD in writing immediately. If neglecting and failing to do so, the client forfeits all rights to subsequent claims for compensation and damages. 

6. Liability of BUNDU SAFARIS LTD. 

6.1 BUNDU SAFARIS LTD as a reputable business, is liable for the satisfactory supply and delivery of the contractually agreed product, being tours, safaris and other related offers. BUNDU SAFARIS LTD accepts no further liability.

6.2 BUNDU SAFARIS LTD accepts full liability for damages incurred, due to a tour/offer , or part thereof, which has not been supplied and delivered according to this agreement. BUNDU SAFARIS LTD liability is limited to an amount equal to the agreed price of the tour or offer, and only includes the immediate direct (not consequential) damages incurred. Partial reductions or omissions made to the tour or offer, do not entitle the client to a full refund of the tour price. 

6.3 BUNDU SAFARIS LTD is not liable for any deficiencies, shortcomings, defects or damages that may arise due to third parties (subcontractors) such as hotels, lodges, other safari-and tour operators etc. In such instances BUNDU SAFARIS LTD undertakes to remove and eliminate such deficiencies, shortcomings or defects, if at all possible, and/or make alternative arrangements or bookings. The decision to refund an appropriate portion of the tour price lies entirely with BUNDU SAFARIS LTD, which decision will only be taken after consultation with the client (tour participant). 

6.4 BUNDU SAFARIS LTD is strictly not liable for any deficiencies, shortcomings, and defects, possible additional costs arising therefrom and damages due to accidents and disasters occurring during transportation by air. Any possible claims for damages have to be directed to the appropriate Carrier. 

6.5 BUNDU SAFARIS LTD is not liable for any disorders of products when acting as an agent for, and on behalf of, other parties. As far as it is possible, clients will be informed if a specific tour, etc. is offered by BUNDU SAFARIS LTD on behalf of others and is thus merely acting as an agent.

6.6 BUNDU SAFARIS LTD is strictly not liable for damages incurred due to:

War or war-like conditions
Unrest
Strikes
Epidemics and Pandemics
Natural disasters
Unfavorable climatic conditions
Governmental legislation and regulations
Mechanical defects of transportation mediums not within the control of BUNDU SAFARIS LTD
All occurrences and incidents with alike/similar consequences and effects as for the examples given above. 
6.7 BUNDU SAFARIS LTD only accepts liability for accidents, illness and diseases, if proof of gross negligence or any form of serious default on behalf of BUNDU SAFARIS LTD can be established. Such liability is limited to the direct (not consequential) damages incurred to a maximum amount equal to twice (2x) the agreed price of the tour or offer.
In all other cases BUNDU SAFARIS LTD is not liable for death, injuries, illness or diseases. Should these lead to the discontinuation or interruption or the tour, refunds to the client (participant) due to the non-participation of any portion of the tour are not possible. BUNDU SAFARIS LTD will however do its utmost best to assist the client (participant) in limiting the inconvenience and damages incurred. 

6.8 BUNDU SAFARIS LTD accepts liability for delays (such as late arrival at the airport etc.) and possible consequential damages, directly or indirectly, that arise for the client (participant) due to such delays, only if proof of gross negligence to any form of serious fault on behalf of BUNDU SAFARIS LTD can be established. 

6.9 BUNDU SAFARIS LTD is strictly not responsible for the luggage and all personal effects and belongings of the client (participant), including all personal documents (passports, issued air tickets etc.)

6.10 BUNDU SAFARIS LTD S is not responsible for any type of travelling insurance. The client (participant) is personally responsible for sufficient travelling insurance.

7. Client’s (participants) Obligation

7.1 The client (participant) is personally responsible to acquire the necessary and correct travel documents (passports, visas, etc.) which conform to the current rules and regulations. Should insufficient travel documents detrimentally affect the performance of the tour or offer, or cause cancellation and discontinuation of the entire or portions of the tour or offer, the client forfeits any right to claim for damages or refunds. Any possible additional costs incurred by BUNDU SAFARIS LTD due to insufficient travel documents will be to the clients (participants) account.

7.2 The client (participant) acknowledges being aware that the proposed itinerary and safari require a measure of physical fitness and endurance, and it is the client’s (participant’s) obligation to ensure that he/she is medically fit and able to embark upon the safari.

7.3 The client (participant) acknowledges that there are dangers and risks inherent in these safaris and the client (participant) agrees to accept all such risks connected with or arising from any aspect of the safari especially with potential dangerous animals. The client (participant) agrees in signing an indemnity form at the beginning of the safari

7.3 The client (participant) indemnifies and holds harmless the BUNDU SAFARIS LTD , it’s employees, agents or affiliates, against any loss or injury that may be sustained or arising from the safari, whatever the cause and whether or not it may have been caused by any negligent act or omission on the part of the BUNDU SAFARIS LTD , its management, employees, agents or associates. The client (participant) waives all rights of any nature whatsoever that he/she, his/her assigns, successors in title, dependents or heirs may have against the BUNDU SAFARIS LTD .

7.4.The client (participant) acknowledges that the BUNDU SAFARIS LTD will appoint a tour leader who shall be in charge of the safari and all matters relating thereto, and the client (participant) agrees and undertakes to comply with the tour leader’s legitimate requirements.

8. Applicable law and Domicile.

8.1 This agreement between the client and BUNDU SAFARIS LTD and the interpretation thereof, shall be subject to Zambian law only.

8.2 Legal actions against BUNDU SAFARIS LTD can only be lodged at the Domicile of BUNDU SAFARIS LTD as stated in Clause 8.3 below

9. General.

9.1 Copyright: BUNDU SAFARIS LTD (Pty).

9.2 Registered office:

BUNDU SAFARIS LTD (PTY)
2644/26 Ellaine Brittel
Livingstone
Republic of Zambia
International: +260 969496264, +43 664 5863317
9.3 Domicil: 

BUNDU SAFARIS LTD
2644/26 Ellaine Brittel
Livingstone
Republic of Zambia
The client and BUNDU SAFARIS LTD herewith agree to abide by the Terms and Conditions of this Agreement. Whereas the client intends to proceed with the tour or other offer as set out in the booking confirmation and which tour or offer BUNDU SAFARIS LTD has agreed to provide