J. Scofield Price LLC is referred to in this Terms and Conditions as “Company”. "Guest" refers to the individual who has signed this Terms and Conditions, jointly and severally bound by these terms. "Trip" refers to the safari, tour, or excursion booked with the Company as detailed in the itinerary.
Assumption of Risk & Limitation of Liability
Travel and safari activities inherently involve risks, including but not limited to encounters with wild and domestic animals, insects, exposure to unpredictable weather conditions, travel over rough terrain, and participation in physically demanding activities. By booking a trip with the Company, guests acknowledge and assume all risks associated with such travel and agree that the Company shall not be held responsible for any injury, death, property damage, or other loss sustained as a result of participating in the trip. Guests affirm they are in good health and physically capable of participating in all trip activities and agree to follow all safety instructions provided by guides and local operators.
The right is reserved to alter, cancel or postpone the itinerary or trip, at the Company's sole discretion, as it may deem necessary or advisable. The Company reserves the right to decline to accept or retain any guest on any of its tours if, in its sole discretion, it deems accepting or retaining any such guest as creating a health or safety risk to any person or being detrimental to the tour, or if that person’s continued presence is inconsistent with the best interests of the trip, other guests or staff. In the event any guest is removed from a trip, the Company will not provide a refund for unused services.
Responsibility
The Company does not own or operate any entity which is to or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, local ground or safari operators, including, without limitation, various entities which may utilize the the Company's name, guides, entertainment, food or drink service providers, equipment suppliers, etc. As a result, the Company is not responsible for any negligent or willful act or failure to act of any such person or entity. In addition, the Company is not responsible for any negligent or willful act or failure to act of any 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, the Company 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 operator, local ground handler or guide, whether or not it uses the the Company's name, financial default or insolvency of any supplier which is to, or does supply any goods or services for this trip. Similarly, the Company 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 third parties, sickness, the lack of appropriate 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, or the threat thereof, criminal activity, or any other cause beyond its control. In addition, guest holds the Company harmless from its own negligence and assumes all risk thereof.
Payments & Cancellations
A nonrefundable deposit of 35% is required at the time of booking. Deposits are not refundable. The balance is due 120 days prior to the trip. Clients waive the right to initiate a chargeback claim through their credit card provider. Any payment disputes must be handled directly with the Company. Cancellations must be received in writing to jsprice@mysafari.org. Cancellations received 119– 90 days prior to trip start are subject to a cancellation fee of 50%. Cancellations received 89 days or less are subject to a 100% cancellation fee. Trip cancellation insurance with medical coverage is required. Proof of coverage must be provided to the Company no later than 89 days prior to departure. The Company is not liable for any costs or losses arising from the Client’s failure to secure adequate insurance.
The Company reserves the right to adjust prices due to currency fluctuations, government levies, or supplier cost increases, with prior notice to the Client.
Cancellations and Postponements by the Company
If the Company cancels or postpones a trip, based upon acts of God or force majeure, acts or orders of government, epidemics or the threat thereof, terrorism or the threat thereof, strikes or labor disturbances, demonstrations, riots or civil unrest, criminal activity, supplier default or insolvency, or other similar circumstances, its sole obligation is to issue credits in the full amount of moneys paid to the Company to the extent its suppliers are crediting the Company with those monies paid by the Company to them. Under no circumstances is the Company obligated to refund the cost of any purchased travel insurance. The Company is not required to cancel any program for any reason including without limitation, United States Department of State, Centers for Disease Control, World Health Organization or other Warnings or Advisories of any kind.
Miscellaneous
The Company reserves the right to substitute lodges, hotels or attractions of a similar category for those listed. Guests are urged to review information provided by the United States Department of State and Centers for Disease Control and Prevention’s country specific information available at http://www.state.gov/ and http://www.cdc.gov. Changes in these Terms and Conditions, Responsibility and Binding Arbitration Agreement can be made only in a writing signed by an officer of the Company.
Binding Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Austin, Texas before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Waiver of Right to Trial by Jury
By agreeing to these terms and conditions, you (and the Company) are waiving our right to a trial by jury. Any arbitration commenced against the Company must be on behalf of only the signatory to this Agreement and his or her immediate family members who travelled with signatory, such as a spouse or child. Under no circumstances can participant be part of a class or other joint action.
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Photography generously contributed by Danny Badger, Tojo "Lytah" Razafimahefa, Sentinel Mara Camp, Rodney Bursiel, and Alice Péretié. All Rights Reserved by each respective photographer.
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