MANDATORY CLIENT INDEMNITY FORM
Please read our Indemnity Form, download print out and sign it. Please do forward the signed form to Mhangela.
“Company” shall mean Reverchon Afrique (Pty) Ltd t/a Mhangela Lodge, a private company duly incorporated in terms of the laws of the Republic of South Africa, with registration number 2013/200879/07 and with its registered address at, 2a Amandelrug Street, Malmesbury, 7300, Republic of South Africa, and shall include its agents, representatives of any form, associates, affiliates, subsidiaries, holding companies, shareholders, directors and employees;
“Client” shall mean the undersigned party as well as his/her spouse, common law wife/husband, children (whether minor or adult), any other dependents, heirs, trustees, executors, administrators, third parties or assigns; “Supplier” shall mean contractor, subcontractor, service provider or other person with whom the Company make arrangements to provide goods or services to Clients in connection with a Tour, including such Supplier’s agents, representatives of any form, associates, affiliates, subsidiaries, holding companies, shareholders, directors and employees;
“Tour” shall mean a package of tourism products and services including, without limitation, accommodation, meals, entertainment, travel, recreational and leisure activities, game drives and associated goods and services provided by the Company, and/or provided by Suppliers arranged by or through the Company, as set out in the itinerary and other documents furnished by the Company from time to time; The contra proferentem rule shall not apply to the interpretation of this document, in other words this document shall not be interpreted against the party responsible for preparing and drafting it.
The use of the word “including” shall not be construed as limiting the meaning of the words preceding it to the one or more words or examples following it and the meaning of the general words will not be restricted by the use of more specific words (i.e. the eiusdem generis rule shall not be applied in the interpretation of this document).
I acknowledge and understand
1.1. the real hazards and risks associated with wildlife areas, game and nature reserves and game lodges (which may be situated in unfenced wildlife areas);
1.2. the hazards and risks associated with rivers, streams, lakes and other bodies of water that may be affected by unpredictable weather, tides and other circumstances and that may not have effective warning or control systems that might be expected in first-world jurisdictions;
1.3. the real dangers and risks associated with various forms of travel in remote locations, which usually have poorly maintained infrastructure;
1.4. the danger and risk of suffering bodily harm, injury, illness, death, damages as well as loss of or damage to property, which may arise as a result of an encounter with or presence of wild, dangerous or unpredictable animals (including birds, mammals, amphibians, reptiles, fish and insects), as well as the prevalence of communicable, tropical and other diseases and similar health hazards;
1.5. the risks associated with undeveloped or partially developed countries and jurisdictions, including acts of terrorism, the unavailability of reliable electricity and communications, and problems associated with limited or unavailable health, safety and security services.
I accordingly confirm that I voluntarily participate in the Tour and associated activities, and make use of all facilities of the Company, entirely at my own risk.
I acknowledge and accept that
3.1. The Company will not be liable to me in respect of any damages, losses or liabilities incurred by me arising from or in connection with the Tour. Notwithstanding anything else contained herein, the Company shall not be liable for punitive damages, indirect damages, consequential damages, loss of profits, third party claims or any claims imposed on me by laws or statutes of countries outside of the Republic of South Africa. The Company shall not be liable for any damages, losses or other amounts that I have agreed, settled or compromised or which I am otherwise contractually bound to pay to any other person or entity, without the prior written consent of the Company.
3.2. The Company will not be liable or responsible to me for any direct or indirect damages or losses of any nature whatsoever, including those arising from any personal injury or death or loss of or damage to any property unless caused by the Company’s recklessness or willful misconduct (irrespective of the cause of such injury, death, loss or damage).
3.3. I hereby indemnify, hold harmless and expressly exempt and release the Company from any and all liabilities and claims arising from any cause whatsoever, including those related (whether directly or indirectly) to my and my dependents’ participation in the Tour.
3.4. I hereby waive and abandon any and all liabilities and claims of any nature whatsoever, howsoever arising, which I might have against the Company and release the Company against any and all liability and claims that may arise or accrue to me.
3.5. I hereby bind my dependents, heirs, trustees, executors, administrators, third parties and/or assigns to the terms and conditions of this document. I further warrant that I am duly authorised to bind my minor children accompanying me on this Tour (if any) to the terms and conditions set out herein.
Each of the indemnities, disclaimers, waivers, releases and other provisions of this Agreement are separate and severable provisions, which are individually and jointly enforceable. In the event that any one or more of the provisions of this Agreement are found to be invalid, unlawful and/or unenforceable such provisions will be severable from the remaining provisions and the remaining provisions shall continue to be valid and to be in full force and effect.
I acknowledge that
in the event that I am injured during the Tour, the Company may at its sole discretion, without prejudice and/or admission of liability, arrange and pay for emergency medical treatment or evacuation for and on behalf of myself, and that I will be responsible to reimburse the Company in full for any such medical and related expenses.
I am aware that this document has legal consequences and that if I do not understand its contents or implications, I should discuss same with my legal representatives before signing it.
I warrant that I have comprehensive travel insurance, and that I shall ensure that such travel insurance remains in force and is valid throughout my travelling and participation in the Tour.
I accept that the entire relationship between me, my dependents (if any) and the Company, including this document and any disputes be they in contract or delict, shall be governed by the laws of the Republic of South Africa.
I acknowledge that I am personally liable for all amounts arising out of my and my dependents participation in the Tour.
I confirm that all additional expenses incurred by me and my dependents (if any) during our participation of the Tour (which do not form part of the Tour price), will be personally paid by me before departure (unless prior written arrangements have been made with management). Periodic payments will also be made if the account exceeds the Company credit limit immediately upon presentation of an Invoice.
A certificate from a representative of the Company setting out the amount due by me and my dependents (if any) shall constitute prima facie proof of the amount due by me to the Company for all purposes, including any proceedings instituted by the Company against me.
I acknowledge that all game rangers and management at the lodge/game farm have my and my dependents (if any) best interests at heart. I accordingly undertake to comply forthwith with any request and/or instruction that may be addressed to me.
I confirm that I will be solely responsible for the minor children accompaning me (if any) during my stay.
I have read and fully understand the terms and conditions as set out in the various provisions above, read with the Standard Terms and Conditions with which I acquainted myself and the implications thereof and acknowledge that I am bound thereby without reserve.
In his/her personal capacity and legal guardian of the following minor child/children (if applicable)
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(please insert full name and surname as well as ID Number of minor)
Please find the Mhangela Indemnity form for printing and signing here.