Terms & Conditions

Piper & Heath LLC Terms and Conditions,
Release of Liability, Assumption of Risk [and Binding Arbitration] Agreement

Acceptance

By signing the travel agreement and/or by traveling with Piper & Heath, you accept and formally confirm the services specifically mentioned in your quoted itinerary file, and you agree to be bound by the terms and conditions as laid out in the travel agreement document.

  • Services and costs are based on passenger numbers indicated in the quote file mentioned above; a change in number of travelers will impact the costs.
  • Any services that are added or revised in the future will immediately become subject to the terms and conditions as laid out in travel agreement document.
  • A non-refundable deposit of generally 25% is due upon signing the travel agreement document.
  • Permits for primate tracking must be paid in full at the time of booking your trip; once purchased, the permits are fully non-refundable.
  • The final balance of costs is generally due 90 days before date of departure.
  • If you are confirming your trip less than 90 days before departure, full payment is required.
  • Unless otherwise stated in the quote, the cost quoted to you was a discounted cost for paying by check or wire transfer; if you would like to pay by Visa or MasterCard, the full cost due will be 3% higher.

 

Cancelation Policy

  • If a cancelation is made more than 90 days before the date of departure, the traveler(s) forfeits the amount of their non-refundable deposit. Where that deposit has not yet been paid, it will be immediately payable to Piper & Heath.
  • If a cancelation is made within 90 days of the date of departure, the traveler(s) forfeits 100% of the itinerary cost. Where the full cost of the itinerary has not yet been paid, it will be immediately payable to Piper & Heath.
  • Where any of the service providers for your itinerary has a cancelation policy that is more stringent than that of Piper & Heath, that vendor’s policy will apply.

 

General Inclusions

  • All accommodation on a shared basis;
  • Meals as specified;
  • Excursions and transfers as included in the quote;
  • Most safari camps and lodges include two game activities per day in their rate (one in the morning and the other in the afternoon); unless otherwise specified, these activities are on a shared basis; private activities and guide may be booked at an additional cost;
  • Services of the lodge guides and staff;
  • Relevant park fees and entrance fees as specified in the quote;
  • Drinks as specified (drink inclusions may differ among accommodations);
  • Laundry as specified (at most properties, if not included free of charge, laundry is at least available at a small cost);
  • Air transfers as specified;
  • Taxes, applicable tourism levies, and all relevant Value Added Tax (VAT).

(These are general inclusions, but those for your specific itinerary may be different. Please carefully review your formal quote document.)

 

General Exclusions

  • Commercial flights, including international flights;
  • Meals not specified in the quote such as lunch and dinner in city hotels;
  • Any drinks, park fees, entrance fees, porterage, tours/excursions, and transfers not specifically included in the quote;
  • Medical, evacuation, luggage, delay, and cancelation insurance;
  • Tips and gratuities;
  • Substantial exchange rate fluctuations for services in foreign currency (mitigation for significant fluctuations is available);
  • Any significant new government taxes, levies, fuel, or industry increases which are beyond our control;
  • Visa costs, where relevant;
  • Airport departure taxes and other taxes and fees due upon exiting a country (often these are included in the cost of commercial airfare);
  • Any items of a personal nature.

(These are general exclusions, but those for your specific itinerary may be different. Please carefully review your formal quote document.)

 

Cellular Coverage and Internet Connections

Please note that cellular coverage and/or an internet connection are not guaranteed while you are traveling. Cellular service depends upon your mobile service provider, and many safari camps are so remote that there is no cellular signal regardless of your provider. Most hotels and many safari camps offer wireless internet. At most safari camps the connection is slow and unreliable—it is normally sufficient for texting and emailing, but video calling (e.g. Zoom or Skype) much less streaming of entertainment is rarely possible.

 

Health

Please note that some countries require vaccination certificates for entry, and there are also various recommendation vaccinations and medications. Piper & Heath will advise on good resources in this regard but is not legally permitted to offer medical advice. You should consult your personal physician or travel clinic for advice about both what is required and what might be recommended for you. All tours require some level of physical independence and mobility. Any physical or mental condition that may require special attention or assistance must be reported to Piper & Heath in writing.

 

Travel Insurance Requirement and Warning

For all trips booked through Piper & Heath a condition of booking is that clients obtain Medical/Evacuation Insurance. The insurance policy should be “primary” and have minimum coverage of $50,000 medical and $500,000 evacuation. Piper & Heath also strongly advises that clients purchase insurance covering themselves for trip Cancellation and Interruption. If you decline to purchase cancellation coverage, you personally assume full responsibility for any financial loss associated with your travel arrangements, which could result in the loss of your travel investment and/or additional costs to correct any situation. For example, you could suffer a loss if: 1) your flight is cancelled or delayed causing you to miss out on accommodations or tours or requiring that you book additional services to catch up with your original itinerary; 2) you need to cancel your trip due to illness; 3) a weather event occurs while you are traveling causing you to be stranded; 4) a terrorist incident occurs at the destination you planned to visit; or 5) your luggage is lost or stolen.

 

Passports and Visas

All visitors to Africa require a valid passport together with onward travel documents and sufficient funds for the duration of your stay. Passports should be valid for six months past the end date of your itinerary. In many cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. If one parent or if some other guardian plans to travel with a minor child without the other parent or parents, some countries and airlines have strict documentation and permission requirements. Birth certificates may be required for children under 18. You are solely responsible for complying with passport, visa, and other foreign entry requirements and vaccinations. Applications, costs, and relevant documentation are the responsibility of the traveler. Piper & Heath, its staff, its agents, and its operators cannot be held liable if entry is refused due to problems with a traveler’s passport, visa, or other required documentation.

 

Light Aircraft Flights

Unless otherwise noted, light aircraft transfers are quoted on seat rate basis, which means the flights are shared and not private. Please note that each charter airline makes its own luggage rules, and these may change at any time. Piper & Heath cannot be held liable for schedule changes or restrictions imposed by charter companies in Africa. The general regulations applicable to light aircraft flights on a seat rate basis are as follows:

  • Total luggage, including camera equipment and carry-on luggage (hand luggage), is normally restricted to 20 kg (44 lbs) in Southern Africa and 15 kg (33 lbs) in East Africa. Please ensure you understand the luggage limitations for your itinerary.
  • Often, only soft-sided bags are accepted, which means the bag must have no frame or rigid structures. Luggage with rigid sides are sometimes problematic as they cannot physically fit into the aircraft.
  • The maximum dimensions of the bags which can be accommodated are normally around 62 cm (24 in) long x 30 cm (12 in) wide x 30 cm (12 in) high. Luggage that is larger than this is sometimes problematic, as they cannot physically fit into the aircraft.
  • Some charter companies have limits on passenger body weights, which, when exceeded, may require that you purchase an additional seat to ensure your safety and comfort. Please let us know in advance if any travelers in the group are more than about 280 lbs, and we can advise whether this is a problem for your itinerary.
  • All the above limitations are applicable to guests traveling on a seat rate basis and may differ for guests who have booked a private charter.

 

California Seller of Travel Act Disclaimer

California has established a Travel Consumer Restitution Fund under the California Seller of Travel law. This Fund is designed to protect consumers from unscrupulous practices by sellers of travel. This law does not cover non-California residents, and even in the case of California residents, it does not cover any foreign travel where the foreign “providers of transportation or travel services” are not in compliance with the Seller of Travel law (compliance being defined as a Seller of Travel in California and a participant in the Travel Consumer Restitution Fund). Thus, none of Next Adventure’s trips qualify. The law requires all tour operators to advise each of their clients that they would not be eligible to make any claim from the Fund in the unlikely event of default by Next Adventure or any of our foreign suppliers.

 

Binding Arbitration

Any dispute concerning, relating or referring to this agreement, the brochure or any other literature concerning the tour, or the tour itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) California law and will take place in San Diego, California. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Please understand that by agreeing to these terms and conditions, the participant and Piper & Heath are waiving the right to a trial by jury.  Any arbitration commenced against Piper & Heath must be on behalf of only the signatory to this agreement and his or her immediate family members who travelled with signatory, such as a spouse or child.  Under no circumstances can participant be part of a class or other joint action.

 

Important Notes

  • Please ensure that you are aware of the booking conditions in this document. Your signing of this document and/or travel with Piper & Heath signifies your acceptance of these conditions.
  • Upon confirmation of the booking, each guest must take out travel insurance as discussed on the prior page of this agreement. Due to the remote areas in which we operate, it is vital that all guests are covered for emergencies and other unforeseen circumstances. Piper & Heath cannot be held responsible for any guest traveling without insurance.
  • The applicable cancelation policy is in force should the guest fail to join or start their safari/journey for any reason, including airline delays or missed connections. Please ensure adequate travel insurance is in place for this eventuality.
  • Piper & Heath acts as your destination specialist in an advisory and planning capacity. We accept no liability for the operators on the ground in Africa. Each service provider is responsible for their own liability cover, the details of which can be supplied to the traveler upon request.
  • Due to the logistics of traveling on a safari to remote areas, we strongly recommend that all guests read the literature provided. Should there be any further queries, please feel free to contact your journey specialist.
  • These services are accepted as per the number of travelers for this group and these terms and conditions apply to the group. Should the group number change for any reason, that will affect the costs, and these changes will be the responsibility of the group.
  • It is likely that you will be asked to sign a liability release upon check-in at each property. Not signing the document could mean refusal of service. We can obtain copies of this paperwork from the properties in your itinerary ahead of time if you would like to see it.
  • Various unforeseen events may require adjustments to the itinerary. Piper & Heath reserves the right to change the lodges or hotels utilized or any tour features at any time and for any reason, with or without notice, and Piper & Heath shall not be liable for any loss of any kind as a result of any such changes.

 

Responsibility and Assumption of Risk

Piper & Heath, its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, and assigns (collectively “Piper & Heath”), does not own or operate any entity which is to or does provide goods or services for your Tour including, for example, lodging facilities, airline, vessel, or other transportation companies, safari or guide services, local ground or safari operators, providers or organizers of optional excursions, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Piper & Heath is not liable for any negligent or willful act, failure to act, financial failure, or other defaults of any such person, entity, supplier or any other third party.

 I acknowledge that I have voluntarily applied for this trip, and I understand that I may travel to remote areas that are inherently risky. I acknowledge that many of the activities I may undertake involve risk of injury or death. These include, but are not limited to, safari game drives, safari walks, horseback riding or riding on any kind of animal, scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, whitewater rafting, hiking, bicycling, fishing, cruising, canyoning/canyoneering, camping, helicopter tours, 4×4 jeep/ATV/quad biking tours, canoe or mokoro rides, hot air ballooning, etc.

I acknowledge that some activities should be recognized as having a particularly high risk, including, but not limited to, safari walks, canoeing and other small boat excursions, scuba diving, whitewater rafting, and trekking on Mount Kilimanjaro, etc.

I am prepared to assume the risks associated with this tour including, but not limited to, forces of nature; terrorism; civil unrest; war; accidents; and transportation including land vehicles, boats, and aircraft that are not operated or maintained to standards found in North America. I also assume risks associated with altitude, illness, disease, physical exertion, and alcohol consumption, knowing that access to evacuation and/or suitable medical supplies and support may not be available. By signing this document, I agree to take full responsibility for my own actions, safety, and welfare. I also understand that I may be a member of a group and will conduct myself in a way that will not endanger the group or myself. I understand that if I fraudulently represent myself as fit for this trip, I may be removed prior to or during the trip at my own expense. I agree to these statements by placing my signature here.

I understand that Piper & Heath assumes no responsibility for any personal injury, property damage, financial or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond its control including but not limited to a delay or cancellation of a flight that causes you to miss all or any portion of the tour, acts of God, acts or orders of government, epidemics, war, terrorist acts, riots and civil unrest, insurrection or revolt, disaster, weather events, labor strikes, bites from or attacks by wild or domestic animals, insects or pests, supplier defaults or insolvency, dissatisfaction with the quality of the service(s) rendered, sanitation problems, food poisoning, strikes or other labor activities, criminal activities of any kind or the threat thereof, sickness, the lack of availability of or access to medical attention or the quality thereof, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof including, but not limited to, exposure to COVID-19 by means of transmission, or for any other cause beyond the direct control of Piper & Heath, overbooking or downgrading of accommodations, mechanical or other failure of airplanes, helicopters, vessels or other means of transportation, or for any failure of any transportation mechanism to arrive or depart timely or safely.

I hereby release and discharge Piper & Heath and its agents and employees from and against any and all liability arising from my participation in this trip. I agree that this release will be legally binding upon myself, my heirs, successors, assigns, and legal representatives; it being my intention to fully assume all risk of travel and to release Piper & Heath from any and all liabilities to the maximum permitted by the law. Further, I release Piper & Heath from its own negligence and assume all risk thereof.