Antarctica Eclipse Booking Conditions

BOOKING TERMS & CONDITIONS

1. CAPE TOUR CHARTERS C.C., ASTRONOMICAL TOURS L.L.C. and its associated companies are hereinafter referred to as the "COMPANY" and the passenger is hereinafter referred to as the "PASSENGER".

2. The PASSENGER, having placed his/her booking shall not be entitled to withdraw or cancel the same without the COMPANY'S written consent being first had and obtained thereto;

a. The COMPANY shall be entitled to withhold such consent, without assigning any reason thereto;

b. Acceptance by the COMPANY of the deposit, which shall be 20% of the tour fare, shall not constitute acceptance by the COMPANY of the booking;

c. Acceptance by the COMPANY of the booking shall be evidenced by the forwarding to the PASSENGER or his agent of an invoice, indicating an amount due and/or owing by the PASSENGER to the COMPANY and the document shall constitute the contract.

3. The PASSENGER acknowledges that the tour price and itinerary disclosed to him/her at the time the booking was affected, alternatively at the time the contract was concluded, may be varied (not in excess of 15%) by the COMPANY from time to time, without notice to the PASSENGER, at the discretion of the COMPANY and provided the itinerary is not substantially different from the itinerary that the PASSENGER anticipated enjoying, the PASSENGER shall not be entitled to cancel the contract.

4. Tour prices include only transportation by vehicles or airplane in accordance with the itinerary issued in respect of the particular tour, tours to such game parks as are shown on such itinerary, accommodation and use of camping equipment attendance of a courier/driver or pilot but do not include the cost/s of visas, vaccinations, insurance, or such items as are indicated in the COMPANY'S booklet on general information, which shall be borne and paid by the PASSENGER.

5. The PASSENGER acknowledges that it is his responsibility to ensure that he is possessed of the necessary travel documents 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.

a. Even though the COMPANY will endeavour to assist the PASSENGER in this regard, such assistance to be at the COMPANY’S sole discretion, the PASSENGER acknowledges that in doing so, the COMPANY is not assuming any obligation or liability, and that nevertheless the responsibility to ensure that the aforesaid documentation is in order and complies with such lawful and other requirements to enable the PASSENGER to enjoy the benefits of the tour, remains the PASSENGER’S.

6. Each PASSENGER shall be entitled to no more than one (1) suitcase weighing no more than 30 kilograms, and a maximum size of 66 cm in length,

a. The COMPANY shall be entitled to refuse to carry any baggage in excess of the aforesaid.

7. The PASSENGER acknowledges that there are dangers and risks inherent in the tour which they will be undertaking and;

a. The PASSENGER agrees to assume all the risks connected with or arising out of all aspects of the tour and;

b. The PASSENGER waives any rights of any nature whatsoever which they or their assigns or successors-in-title, dependants or heirs may have against CAPE TOUR CHARTERS C.C., ASTRONOMICAL TOURS L.L.C. and its associated companies ("the designated persons)in respect of their injury or death or loss or damage which they may sustain connected with or arising out of the tour notwithstanding that it may have been occasioned by any negligent act or omission on the part of any of the designated persons and;

c. The PASSENGER indemnifies the designated persons against all loss (including loss of reputation or goodwill!), damage, costs (including attorney and own client costs, collection charges and costs of any appeals), interest and expenses which they may or be likely to, sustain as a result of any claim (contingent or otherwise) relating to, arising out of or in connection with the tour notwithstanding that such injury, loss or damages or their death may have arisen as a result of any act or omission, whether negligent or otherwise, on the part of CAPE TOUR CHARTERS C.C. and its associated companies and/or each of the employees, servants, agents, independent contractors and/or representatives of CAPE TOUR CHARTERS C.C. and its associated companies, whose favour this constitutes a stipulation capable of acceptance at any time and;

d. The PASSENGER warrants that they are over 12 (Twelve) years of age and, that any passenger under the age of 21 will be accompanied by parent or legal guardian.

e. The PASSENGER agrees to pay on demand such sum(s) as may be sufficient to cover any actual or prospective claim referred to in clause 7(c) notwithstanding that such claim may not then be payable.

8. These terms constitute the entire terms of the relationship between the parties. There exist no other terms and conditions regarding their relationship. 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 parties,

a. The PASSENGER acknowledges that save and except for what has been stated herein, there exist no warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever. Any matter or thing said by any person on behalf of the COMPANY, or purportedly on behalf of the COMPANY, irrespective as to the position such person occupies, and which is not stated herein, shall not be binding on the COMPANY, irrespective as to the nature and extent of any such thing, and the PASSENGER acknowledges that he/she has not relied on any matter or thing stated on behalf of the COMPANY, that is not included herein.

9. The PASSENGER agrees and undertakes that he/she will at all times comply with the

COMPANY’S requirements in regard to his/her conduct, and he/she will not in any way constitute a nuisance to any other person on the tour.

a. In the event that the PASSENGER breaches any obligation assumed by him/her in terms of this agreement or in sub-paragraph (a) above, or does any act or omission which in the COMPANY'S sole and absolute discretion it considers constitutes an infringement of the COMPANY'S rights or any other passenger on the tour, or if a PASSENGER constitutes a nuisance to the COMPANY or any other passenger, the COMPANY shall be entitled to terminate the COMPANY’S booking and refuse to permit he PASSENGER to continue with the itinerary and tour. In these circumstances the PASSENGER at his/her own cost and at his/her responsibility will be obliged to make his/her own way home. In these circumstances the COMPANY shall not be liable to make any refund to the PASSENGER, and the matter will have no claim of any nature whatsoever against the COMPANY.

10. Where the PASSENGER is traveling with other person/s, he/she shall be deemed to have warranted that he/she is authorized on behalf of such other persons, to agree to the terms hereof. Where such other person/s are subject to his/her legal guardianship, or where such other person is his/her wife/husband, any act or omission committed by the other person/s, and similarly any act or omission committed by the other person/s shall be deemed the act or omission committed by each and every person within the party.

a. No person other than a director of the COMPANY is authorized to vary, cancel or waive any term and then to be effective it must be in writing and signed by a director: Any purported variation, waiver or cancellation by any other person purportedly on behalf of the COMPANY, shall not be valid and binding on the COMPANY.

11. The PASSENGER warrants that he/she has authority to conclude this booking and the contract between the COMPANY and himself/herself

b. Where the PASSENGER is traveling with his/her family, he/she warrants that he/she is authorized to bind each and every member of his/her family to the terms of this contract, and it shall be deemed to be a separate contract between the COMPANY and each such person (be it family or other).

12. The full amount due by he PASSENGER to the COMPANY shall be payable not later than October 31, 2003.

a. If a booking is cancelled in writing, with consent of the COMPANY, the COMPANY shall retain the full deposit, less applicable cancellation fees.

$1000USD cancellation penalty applies for all cancellations before 15 July, 2003. Cancellations made July 15 - October 15, 2003 are subject to a 50% cancellation penalty. Cancellations after October 31, 2002 are subject to 100% cancellation fee.

13. Whilst the COMPANY uses its best endeavours to ensure that all anticipated accommodation is available as planned, there shall be no claim of any nature whatsoever against the COMPANY for a refund, either in whole or in part, or any other claim of any nature whatsoever, including consequential damages, as a result of any accommodation or other facility attaching to the tour not being available.

14. This booking and any eventual contract between the COMPANY and the PASSENGER shall be deemed to be concluded in Cape Town, Western Province, Republic of South Africa, and shall be interpreted according to and governed in all respects by the laws of the Republic of South Africa. In the event of any action hereunder he/she further records that the Supreme Court of South Africa (Western Province Local Division) shall have jurisdiction in regard thereto.

15. The PASSENGER acknowledges that the COMPANY will appoint a tour-leader who shall be in charge of the tour and all matters relating thereto, and the PASSENGER agrees and undertakes to comply with the tour-leaders lawful requirements.

a. Please Note: CAPE TOUR CHARTERS C.C. reserves its rights, without giving further notice, to make use of any photographs or film produced by CAPE TOUR CHARTERS C.C. during any of their tours for general publicity purposes without payment or permission.

16. The PASSENGER acknowledges being aware that the proposed itinerary and tour requires a measure of physical fitness and endurance, and it is the PASSENGER’S obligation to ensure that he/she is medically fit and able to embark upon the tour.

17. IF a PASSENGER wishes to transfer from one tour to another, if the COMPANY is agreeable to the transfer, an administration fee of USD 150 per person per transfer will be charged.

18. It is important to note that during the course of the tour, weather, road conditions, mechanical breakdowns or any other unforeseen reasons beyond the control of CAPE TOUR CHARTERS C.C., can influence the duration of a tour. Although delays are uncommon, considering some African touring conditions, the policy in such an event is to provide free of charge, the vehicle, all camping equipment and crew services. Personal expenses, meals, alternative accommodation and all resulting costs, including the cost of flying home, are to be borne by the PASSENGER. We require in this instance that passengers take out travel insurance. All tours to the Antarctic region do not qualify for free accommodation and crew services, due to the nature of the weather conditions in the Antarctic.

19. The airlines concerned are not to be held responsible for any act, omission or even during the time the passengers are not on board their plane or conveyances. The passenger’s tickets in use by the airline or by other carriers concerned when issued, shall constitute the sole contract between the airline and/or other carriers and the purchaser of these tickets and/or passengers,

20. Travel insurance is compulsory for all passengers booking on a CAPE TOUR CHARTERS C.C. Tours to Antarctica or Safari. It is the passenger’s responsibility to arrange this.

All air transportation is provided in economy class or business class on the services of any IATA carrier/s, or charter carriers, as stated in the itinerary.