TERMS & CONDITIONS The conditions set out below apply to all activities undertaken by the Big 5 Experience cc. Any reference to "the operator" refers to the Big 5 Experience cc. Any reference to "the client" refers to any person or body contracting to the Big 5 Experience cc.

1.

The services to be supplied by the operator are those specifically stated in the offer or tour/package supplied in writing by the operator to the client, and no other.

2.

Each tour/package requires the operator to negotiate with his suppliers for specific performance and service. Save for the operator's contractual rights vis à vis his suppliers, the operator has no direct control over his suppliers and accordingly can not accept any responsibility for any injury, damage, loss, accident, irregularity, delay or inconvenience, which may arise due to any defect of any object or negligence on the part of the supplier (including vehicles) or its employees.

3.

Upon concluding a contract with the operator, the client will be obliged to pay a 50% deposit of the full price of the contract to the operator. The full price of the contract is due not later than 45 days prior to the commencement of the contract. Payment shall be made to the operator's stipulated bank account by way of telegraphic transfer in the currency in which the invoice is made out.

4.

If the reservation is cancelled, the following cancellation fees will apply: 45 days prior to start -    0% 30 days prior to start -   50% 14 - 21 days prior to start -   75% 7 days or less prior to start - 100% All cancellations must be made in writing and shall only be deemed to have been received by the operator on the date on which the operator receives the notice of cancellation. If cancelled by e-mail then the date on which the e-mail has been sent shall be recognised. Similarly if cancelled by fax then the date on the fax shall be recognised. Should a client fail to join a tour on date of departure, and no notice of cancellation was previously received, then no rebate or refund can be given.

5.

Any client making a booking on behalf of a group warrants that he/she is authorized to act on behalf of the group's members and to make reservations and monetary commitments on behalf of each and every member of the group, and in so doing binds him/herself to the conditions of the operator. Upon acceptance of contract the client agrees that all members of the group have been informed of the terms and conditions of the operator, and will hold the operator harmless against any claims for less or damage, injury or accident which any such person may claim contrary to the term hereof.

6.

Due to the conditions prevailing during different seasons in Africa, the operator reserves the right to change or alter itineraries according to his best judgement and in the interest of safety to his clients. Where possible the operator shall inform the client beforehand of any such change. Similarly the operator reserves the right to cancel a tour or portion thereof if in his opinion, the fulfillment of the tour requires an illegal act, endangers the lives or property of the client, it is inadvisable to continue in the opinion of the operator due to weather conditions, avalanches, mudslides, strikes, war, government interference, or any other cause not arising from the operator's negligence. The operator shall have the right to provide alternative accommodation and services where possible and all expenses or losses arising from such cancellation or loss shall be for the client's account.

7.

Quotations are valid for 30 days unless specifically stated otherwise and are subject to change if the quoted for services are not available at the time of booking.

8.

The operator shall not be liable for any damages, losses or expenses suffered by the client due to sickness, war, strikes, weather conditions, quarantine, force majeur or any other cause whatsoever. Further the operator shall under no circumstances be deemed to be the agent of the client or of the supplier of any service. To this end the operator advises the client to take out the necessary insurances to protect the client against loss of baggage, sickness, or any other possible cause for loss, which the client may sustain.

9.

If the operator appoints a tour leader/guide, then the client shall accept and follow all reasonable instructions issued by the tour leader/guide. This applies specifically in situations, where wild animals or group activities are involved. The tour leader/guide's instructions shall be followed at all times in the interest of safety and harmony of other clients. Should any client through his actions, attitude or conduct seriously compromise the well being, safety or pleasure of other clients, the operator reserves the right to expel such client/s from the tour without recourse to compensation or refund.

10.

Should the operator provide a self-drive vehicle, the client must be in possession of a valid driver's license which is unendorsed. The client understands that all passport, visa and other formal requirements by police, customs- or health authorities to enter the destination countries are entirely his/her responsibility as well as the legal requirement of destination countries with regard to illegal substances or articles. The operator shall be entitled to immediately exclude any such offender from further participation in the tour and where it is deemed necessary to hand such offender over to the authorities. The offender will not be entitled to any refund or compensation under such circumstances.

The client warrants that he/she is medically fit to undertake the planned tour with the operator. The entire contract between the client and the operator is contained in the above conditions and no other representations, commitments or warranties shall be recognised by the operator. Any information contained in the operator's or his supplier's brochures, is to the best of the operator's belief correct and true. Any factual variation shall be deemed to be innocent and unintentional on the part of the operator. All matters which require legal resolution shall be referred to the courts of the Republic of Namibia, which courts shall have sole and final jurisdiction to the exclusion of any other legal institution of any other country. The prevailing law of the Republic of Namibia shall apply.