Big 5 Photos – Photography Workshop and Photo Course TERMS & CONDITIONS
Please read carefully through our comprehensive Terms and Conditions. The client who signifies his/her acceptance of a booking by placing any monetary deposit or full payment for any workshop or course, and who does so on behalf of themselves and/or persons under his/her authority, agrees that all participants are bound by the Terms and Conditions of Big 5 Photos. The term "Workshop", "Tour", "Safari", "Trip", "Stay" and/or "Course" refer to your time away with Big 5 Photos. Any person booked by another accepts the Terms and Conditions of Big 5 Photos as if they had made the application themselves. All bookings made with Big 5 Photos are subject to these terms:
1. Big 5 Photos is based in South Africa and most finances are conducted in South African Rand unless otherwise specified. Certain workshops which are conducted outside of South Africa may be affected by exchange rate fluctuations. While we strive to lock in prices, certain elements may arise beyond our control. These values will be past on to you, the client.
2. A deposit of 30% of the cost of the booking is required for each person booking a practical workshop. The balance of the payment must be paid 5 weeks prior to your departure date.
3. Some workshops require guests to pay conservation levies or park entry fees. These will be for your own account. You will be notified of these expenses when you place your booking.
4. The full amount due by the client to Big 5 Photos shall be payable not less than 5 weeks prior to the date of departure. With a 30% deposit, the balance must be paid in full or two 35% instalments unless otherwise agreed with Big 5 Photos. If the full amount has not been remitted by the time due (upon receipt of the billing notice and normally 5 weeks prior to the trip), Big 5 Photos reserves the right to regard the booking as cancelled by the client and without refund.
5. All payments to be made via EFT to the bank account supplied by Big 5 Photos and a full reference for your payment (invoice number) must please be sent for all payments made to Big 5 Photos.
6. Big 5 Photos require a minimum number of participants to validate any tour or workshop. Should the group number fall below the minimum number required for the booking, Big 5 Photos reserves the right to re-cost the fare and raise a surcharge, or to cancel the Workshop or Safari. Should any client refuse to accept and pay such surcharge, Big 5 Photos will notify all clients and either re-schedule the workshop or tour or cancel it. Big 5 Photos will issue a refund to those clients should the Tour or Safari be cancelled.
7. Initial payment received from clients in the form of a deposit or full payment for a Tour or Safari forms a binding agreement between the client and Big 5 Photos for the agreed services and is bound by Big 5 Photos’ Terms and Conditions.
8. All terms and conditions are published on our website. E&OE.
9. Big 5 Photos may, at its sole discretion, consider a refund (less transaction fees) in the event of death or serious illness of the client. These refunds must fall within the time frames mentioned in section 4 above. Any cancellation request of any kind within a 5-week period prior to the commencement of your practical photography workshop or tour will mean you forfeit all payments received to date.
10. Refunds may take up to 30 days to process and there will be a R 1250.00 or 10% admin charge due.
CANCELLATION AND NON-PARTICIPATION:
1. Big 5 Photos reserves the right to and shall be entitled to cancel or delay the start any Tour or Safari prior to departure, or cancel after the commencement of any Tour or Safari for any reason, including but not limited to: natural disaster, severe weather event, government instability, war, labour strike, fire or other damage at tour or Safari site, or any other unsafe conditions, and for any reason which Big 5 Photos deems reasonable. In the case of cancellations of this nature, Big 5 Photos shall be obligated to refund all amounts received from the client less transaction fees. The client shall have no further claim whatsoever against Big 5 Photos arising out of such cancellations. However, the client may choose to receive a refund or apply funds as a credit towards another workshop, should the original workshop be cancelled by Big 5 Photos. The refund of all monies paid, pro-rata if applicable after commencement, shall constitute a full and final settlement by Big 5 Photos and/or their agents of any obligations to participants. The operation of the workshops is at the sole discretion of Big 5 Photos, having in mind the welfare of all participants and the safe and prudent operation of the itinerary and program.
2. Should Big 5 Photos determine that a Tour or Safari cannot be conducted safely at the advertised location, Big 5 Photos reserves the right to schedule a comparable tour using comparable accommodations at a different location within an equal or similar footprint as the original safari. Provided the itinerary and price is not substantially different from the itinerary that the client anticipated enjoying, the client shall not be entitled to cancel the contract. If the itinerary and price are substantially different, clients may choose to continue with Big 5 Photos but will be responsible for any additional costs incurred by change of venue. Conversely, Big 5 Photos will refund any overage paid by the client should the new Tour or Safari be at a lesser cost. “Substantially different” means a date-footprint of more than 1 day at the start or finish, substantially lesser accommodations, or a tour or safari in an area wherein the anticipated animals are extinct or do not normally reside.
3. Should a client fail to join a workshop, or fail to use the accommodation/services booked by Big 5 Photos on their behalf for any reason whatsoever, no refund shall be given nor liability accepted by Big 5 Photos. Clients may be able to join a workshop later, at their own expense.
4. There is no “pro-rate” or “pro-rata” provision for clients joining a workshop late, or for clients leaving a workshop early, unless the workshop is cancelled or delayed by Big 5 Photos for any reasons.
5. Should the client cancel a booking 91 days or more prior to departure, we shall refund ½ of the deposit amount. Cancellations between the 91 days prior and 5 weeks prior will forfeit 50% of the total cost. Bookings cancelled 5 weeks or less prior to departure are non-refundable.
LIMITATIONS OF LIABILITY:
1. Big 5 Photos represent accepts no liability for loss, damage, injury or death which any client may suffer as a result of any act or omission, whether in relation to travel arrangements, accommodations, Tours or Safaris, or otherwise.
2. Clients on a workshop should understand that we are attempting to view and photograph wild animals that are free-roaming in their wild, natural habitat. We can make no guarantee of viewing any species or type of animal. We choose locations that give us the very best chance to view a variety of animals, however, clients must understand that we may see any animal at any time, or no animals at all.
3. Cancellation, medical & repatriation insurance is strongly recommended for all Big 5 Photos bookings. It is strongly recommended that clients also obtain insurance to cover emergency travel and accommodation, lost baggage and any other coverage the clients seem necessary. It is the client’s responsibility to arrange such insurance through the client’s insurance broker or agent.
4. The client is contemplating a tour/journey to an area(s) where the client may be exposed to danger and more than basic medical services may not be readily available or accessible. Big 5 Photos takes every measure possible to mitigate any and all danger. By booking with Big 5 Photos, the client has agreed to execute a waiver of rights against Big 5 Photos, its principals and others as an integral part of those terms. The client (which shall be deemed to include the heirs, executors, administrators, and assigns of the client) does irrevocably waive and abandon all rights and claims that the client may have against Big 5 Photos in consequence of any act of omission or commission by Big 5 Photos. In no way derogating from the foregoing, the client hereby indemnifies, holds harmless, and absolves Big 5 Photos, its principals or others, from all and whatsoever claims which may be tenable by the client as aforesaid, irrespective of the nature thereof and however arising. Big 5 Photos and/or its agents act only as agents for the participants in any workshops, regarding travel arrangements including, but not limited to, sightseeing, meals, lodging and transportation, whether by railroad, vehicle, motor coach, boat, ship or aircraft. To the fullest extent permitted by law, Big 5 Photos and/or its agents, disclaim liability for injury, damage, loss, or delay which may be occasioned by reason of a defect in any vehicle or for any other reason whatsoever, or through the acts or default of any company or person engaged in conveying the participant or in carrying out the arrangements of the workshop. Big 5 Photos and/or its agents accepts no responsibility for losses or additional expenses due to delay or other changes in air or other services, sickness, weather, strike, war, quarantine or other causes. All such losses or expenses are borne by the participant, as the workshop costs provide for arrangements only for the times and locations stated. All baggage, including photographic equipment is at the participant’s risk entirely, and as an insurable risk.
5. Big 5 Photos will under no circumstance be liable for any claim whatsoever.
6. South African laws and the jurisdiction of South African courts will govern the relationship between the client and Big 5 Photos.
7. The client will be liable for all legal fees of Big 5 Photos and of his/her own client scale in the event that Big 5 Photos has to engage a lawyer to enforce any of its rights or otherwise.
MEDICAL (Please notify Big 5 Photos in writing of any medical concerns, all medications being taken, and serious allergies):
7.1. Tours and Safaris are designed to be within the capabilities of average people in good health. Participants must step into and out of Game viewing type vehicles. Occasionally participants may be required to walk over uneven terrain or trails, hiking over short distances. Participants are responsible for carrying their own equipment.
If you have concerns about your own capabilities and/or fitness as it relates to any specific trip, please enquire with Big 5 Photos about physical considerations prior to booking the trip, then consult with your personal doctor prior to booking the trip. By paying the initial non-refundable deposit or/and/or forwarding a signed Release Form, you warrant that, to the best of your knowledge, you do not have any physical concern or other disability that would create a risk for you or other trip participants. Big 5 Photos’ agent judgment will ultimately determine an individual’s ability to embark upon the Tour or Safari. Once a booking has been accepted, medical circumstances will not be considered as exceptions to the cancellation policy. Big 5 Photos assumes no responsibility for medical care. All medical costs will ne the responsibilty of the client.
If you sustain an injury or become ill on the workshop, Big 5 Photos reserves the right to continue the workshop for the benefit of other participants. Big 5 Photos will make every effort to assist you while at the same time trying to minimize interruption to the other guests. No refund, pro-rata or otherwise, will be provided. Should you become ill or sustain an injury which disrupts or ends your workshop, no refunds will be given. This also applies to not being able to make a workshop 5 weeks prior to the starting date of the workshop.
7.2. The client acknowledges that it is solely his/ her responsibility to ensure that he/she is in possession of the necessary travel documents, medications, Malaria precautions and vaccinations that may be required in respect of the proposed tour and itinerary as well as all health and other certificates that may be required from time to time. Big 5 Photos strongly recommends that each client consult his/her personal physician or travel physician to determine whether the client needs vaccinations or medications for travel. Big 5 Photos does not assume any obligation or liability, and the client indemnifies Big 5 Photos against any consequences of non-compliance. Big 5 Photos asks that you inform us of all medications being taken, serious allergies, and any other medical concerns at the time of booking.
1. Only those products, services and amenities specifically included in writing in the description for each specific workshop are included. Any product, service, or amenity not specifically included in the description of included amenities and services is at the client’s cost.
2. The client agrees that he/she will at all times comply with Big 5 Photos’, any Rangers, and any other guides directions in regard to his/her conduct, particularly around wild animals. This includes all Lodge or Camp and/or any third-party entities rules and regulations. All third-party rangers, guides, lodges, hotels or any other person or companies’ rules and regulation while participating in a Big 5 Photos workshop must be adhered to at all times. Big 5 Photos reserves the absolute discretion, in the event of behaviour detrimental to other persons, to decline any person’s participation at any time during the workshop and cancel that person’s participation in the workshop or activity and remove that person from the workshop and/or activity. No refund, pro-rated or otherwise, will be provided.
3. When the client is travelling with persons under his/her authority, including bookings done on behalf of other people or groups, he/she warrants that he/she is authorized to bind every member to the terms of the contract.
4. Where Big 5 Photos has its own guide(s) leading the safari; even with other tour leaders, all authority for leading the trip will be held by the Big 5 Photos guide. The Big 5 Photos guide will always collaborate with the other tour leaders on the workshops, but authority on the running of the safari, the behaviour of the other tour leaders and the management of the clients during transfers as well as game drives remains with the Big 5 Photos guide(s). Where Third party guides or tour leaders are used, all authority of that specific workshop or activity, the behaviour of the other tour leaders and the management of the clients during transfers as well as game drives remains with the third-party. This includes the lodges or camps and/or other business partners, guides, rangers or tour leaders appointed by Big 5 Photos for the duration of the workshops.
5. Clients who have special requests must specify such requests to Big 5 Photos prior to the workshops. Whist Big 5 Photos will always endeavour to accommodate such requests; we do not guarantee that it will always be possible.
6. Big 5 Photos will not be held liable for any damage to client’s property and/or person, or other people travelling with other clients. Your workshop will commence once you have checked in at the lodge/camp/hotel or any other accommodation provided. This will also end once you leave the lodge/camp/hotel for any reason during the workshops and when you leave on the final day of your trip. Big 5 Photos will not be held liable in any way for damages, injuries, loss or anything else while travelling to and from the lodge/camp/hotel or any other accommodation provided.
7. All images and intellectual rights of Big 5 Photos employees and subcontractors are the property of those individuals. These rights will remain with the individual till perpetuity and cannot be impinged upon. Big 5 Photos employees, sub-contractors working for Big 5 Photos, and clients participating in workshops have the right to take photographs during the workshops. Clients understand and agree that any images of themselves taken by a Big 5 Photos employee are the property of Big 5 Photos and may be used for promotional and advertising purposes for Big 5 Photos without compensation, consideration or permission. Clients understand that images of themselves may appear in the photographs taken by other people on this or another workshops, and that those photographs are the property of the photographer and may be used for any purpose.
8. These terms constitute the entire terms of the relationship between parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship, and the client acknowledges that he/she has not relied on any matter or thing stated on behalf of Big 5 Photos or otherwise that is not included herein.
9. No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the client and a duly authorized representative of Big 5 Photos.
10. Compliance with the Global Data Protection Policy (GDPP):
Big 5 Photos complies with the GDPP. We share your data only with those vendors and websites who have legitimate reasons to need your information, such as third-party payment vendors (e.g. Paypal), our safari vendors and partners (such as Lodges, Guest Houses, Transportation Companies, etc). Big 5 Photos does not collect or store any financial data or personal data, other than your name, address, phone number, and email address. We will add your name and email to our newsletter. That list is never shared or used for any other purpose other than Big 5 Photos Newsletters and occasional email contact. If you have concerns or questions, please contact us at email@example.com
11. Big 5 Photos reserves the right to update or amend these Terms and Conditions at any time. Reasonable care has been taken to compile the information in this and the other documents pertaining to this workshop, but circumstances can change. For example, airline schedule changes, airline fuel charges, taxes and operational costs are subject to change. Big 5 Photos and/or its agents are not responsible for changes that occur and reserve the right to change the price up to the date of commencement of the photo safari. Changes in price may also include adjustments for adverse currency exchange fluctuations. The right is reserved by Big 5 Photos to (i) substitute hotels/lodges/tents/camps of similar category for those indicated and to make any changes in the itinerary or transport where deemed necessary or caused by changes in schedules or equipment substitution; (ii) cancel the photo safari prior to departure, in which case a refund of all payments received (less transaction fees) for the land package will be given. However, Big 5 Photos will not be responsible for any other trip preparation expenses such as penalized or non-refundable air tickets, visa fees and medical related expenses; (iii) substitute photo safari leader(s) for the leader(s) originally specified, in which case the substitution is not a basis for participant cancellation or refund, and (iv) accept or refuse any person as a participant in the photo safari.
12. This is the end of the document.