African Spice Safaris, its employees, shareholders, officers, and directors (collectively “African Spice Safaris”) do not own or operate any entity which is to or does provide goods or services for your trip, including, for example, East Africa lodging facilities, transportation companies, local ground or safari operators, including, without limitation, various entities which may utilize the African Spice Safaris name, guides, entertainment, food or drink service providers, equipment suppliers, etc.
As a result, African Spice Safaris is not responsible for any negligent or willful act or failure to act of any such person or entity. In addition, African Spice Safaris 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, African Spice Safaris 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
African Spice Safaris name, financial default, or insolvency of any supplier which is to, or does supply any goods or services for this trip. Similarly, African Spice Safaris 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, the 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, the guest holds African Spice Safaris harmless from its own negligence and assumes all risk thereof. The right is reserved to alter, cancel or postpone the itinerary or trip, at African Spice Safaris’ sole discretion, as it may deem necessary or advisable. African Spice Safaris reserves the right to decline to accept or retain any passenger on any of its tours if in its sole discretion, it deems accepting or retaining any such passenger 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 passenger is removed from a trip, African Spice Safaris’ only obligation is to refund to that person that portion of the payment allocable to unused services.