South Africa Classic Sample

Trunks & Tracks is a boutique safari travel company specializing in custom-designed wildlife adventures across Africa, crafted with deep on-the-ground knowledge and a passion for conservation. Founded by experienced safari professionals who have lived and worked across the continent for years, we bring insider insight, personal connections, and a deep love for Africa and passion for conservation into every journey we create.

1. The Client hereby releases and discharges Trunks & Tracks from and against all actions, suits, demands, claims, costs and interest made against Trunks & Tracks arising from any loss or damage of whatever nature sustained or incurred by the Client in any way connected with or related to the Activities and the Client further indemnifies and agrees to keep indemnified Trunks & Tracks from and against all claims, damages, costs interest and penalties made against Trunks & Tracks in that respect.
2. These Terms & Conditions shall be governed in all respects by the laws of the State of Massachusetts and the Client agrees that any claims or disputes between the Client and Trunks & Tracks in connection with this agreement shall be commenced, filed and litigated before a Court of proper jurisdiction in the State of Massachusetts and in the City of Boston.
3. Definitions
   1. “Activities” means activities, products and travel arrangements organized by Trunks & Tracks on behalf of the Client.
   2. “Trunks & Tracks” means Trunks and Tracks LLC
   3. “Client” means a person or corporation seeking to acquire services from Trunks & Tracks and if there is more than one of these, these conditions bind them jointly and each of them separately.
   4. “Departure Date” means the scheduled date for the Client to depart at the start of the Activities.
   5. “Material Alteration” means a material change to the Activities as determined by the sole discretion of Trunks & Tracks.
   6. “Products” means individual components of the Activities, such as accommodation, meals, transport, cruises and tours.
   7. “Price” means the amount payable by the Client to Trunks & Tracks for provision of the Activities.
   8. “Services” means the booking and payment services provided by Trunks & Tracks in relation to the Activities.
   9. “Suppliers” means the party that is responsible for providing the Products.
4. Basis of Contract – The conditions apply exclusively to every contract for services by Trunks & Tracks to the Client and cannot be varied or supplanted by any other conditions unless expressly accepted in writing by Trunks & Tracks
5. Acceptance – Payment of a deposit indicates the Client’s acceptance of all Trunks & Tracks Terms & Conditions.
6. Price Policy
   1. Prices quoted are for an entire package.
   2. Surcharges - The Activities may be in some cases subject to a surcharge. These may be incurred as a result of currency fluctuations, increase in product prices, scheduled airfares and any other costs associated with the Activities.
   3. Products not Utilized – no refunds will be made in respect of Products not utilized.
   4. Exclusions – the following services are excluded from the Activities pricing (except where stipulated in the itinerary); airfares (except where stipulated in the itinerary), arrival or departure taxes (except where stipulated in the itinerary), passport & visa costs, travel insurance, personal expenditure including meals, premium beverages, gratuities, laundry, room-service unless expressly included.
7. Payment
   1. Deposit – a deposit of 25% of the total trip cost plus full payment of commercial domestic flights is required to confirm the booking. This may be made by direct deposit or wire transfer.
   2. Final Payment – must be received by Trunks & Tracks no later than 90 days prior to the departure date.
   3. NOTE: Balance payment cannot be made by credit card. Only ACH or wire transfer will be accepted.
8. Amendments - Trunks & Tracks will endeavour to assist if the Client requests an amendment to the travel arrangement booking up to 90 days from departure date subject to the following:
   1. Amendment Charge - $50.00 per file applies to Client requesting a change to a confirmed booking.
   2. Additional Charges – all other expenses incurred by Trunks & Tracks may also be payable by the Client at Trunks & Track’s discretion.
   3. Any charges arising from the request are payable by the Client whether Trunks & Tracks is successful in confirming the requested amendment.
   4. Late Amendments – amendments made by the Client within 90 days of the departure date are treated as cancellations and re-bookings. Cancellations charges apply as detailed in what follows.
9. Cancellations
   1. Cancellation by the Client—From receipt of the non-refundable deposit, the following cancellation schedule will apply if a Client cancels…
      1. More than 90 days prior to departure date, the non-refundable deposit is forfeited.

1. 1. 1. For any cancellations made between 90 days up to and including the day of departure, 100% of the price is forfeited.
      2. Cancellation must be made in writing or via email and acknowledged by Trunks & Tracks.
      3. No refunds will be given for missed/unused Activities.
2. Cancellation and Material Alteration by Trunks and Tracks
   1. Force Majeure – Trunks & Tracks may at its sole option, where circumstances outside of its control effect the provision of the Activities (such as flood, fire, war or threat of war, physical unrest, riots, civil disturbances, terrorist activities (perceived, threatened or actual), strikes, port or airport closure, technical problems with transport, alteration or cancellation of travel services) cancel scheduled Activities at any time and may at Trunks & Track’s sole and absolute discretion offer the Client alternative arrangements of similar standard as appropriate to the circumstances.
   2. If alternative arrangements are not offered, Trunks & Tracks will make full and prompt refund of all monies, excluding the non-refundable deposit.
3. Trunks & Tracks Obligation and Liability
   1. The Client acknowledges that Trunks & Tracks acts as a booking agent for the suppliers of products and accepts no liability for any injury, loss, damage, accident, delay or irregularity that may arise to any customer or third party resulting from the customer or third parties use of the Products.
   2. Except as expressly set out herein, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, specification or performance of the product or services, whether implied by statute, common law, trade usage, custom or otherwise is expressly excluded.
   3. Circumstances beyond our Control – If Trunks & Tracks is unable to provide the Activities as detailed in the itinerary it is not liable for any injury, loss, damage, accident, delay or irregularity arising to the customer or any third party.
   4. Loss – The Client releases Trunk and Tracks from all liability for any direct or indirect loss, financial loss, consequential loss, loss of enjoyment, pain and suffering, damage, injury, accident, delay or irregularity occasioned to the Client whilst undertaking the Activities.
   5. Travel Insurance - It is a pre-requisite of travel that all Clients obtain comprehensive Travel Insurance cover at their own expense. Please furnish us with a copy of your insurance policy should these be required in the event of an emergency. Nothing in the Conditions is to be interpreted as excluding, restricting or modifying the application of any relevant State or federal legislation which cannot be excluded, restricted or modified
4. Notice - A notice by the Client must be received in writing and delivered by hand, sent by prepaid mail, sent by certified mail or sent by electronic means such as e-mail to the address or number supplied. A notice is treated as given to Trunks & Tracks when:

1. if hand delivered, when delivered,
2. if sent by prepaid mail when received
3. if sent by facsimile when the facsimile confirms transmission
4. if by e-mail, when the e-mail is received

1. Privacy - Any information Trunks & Tracks obtains from the Client or its representative is necessary for Trunks & Tracks’ business purposes or providing the Clients with Trunks & Tracks’ goods and services and may be used in answering any queries the Client may have; considering the Clients application to become a customer; performing internal administration and operations; developing, improving and marketing Trunks & Tracks products and services; and any directly related purposes. Trunks & Tracks will not disclose any personal information to any other party without the consent of the Client except to the supplier’s, a related entity or advisor of Trunks & Tracks or where Trunks & Tracks is otherwise required by law to do so. The Client may access the personal information on written request to Trunks & Tracks.