| 1. | Interpretation |
| 1.1 | In this Agreement :
The "Participant" means the person booking a place on a project(s) through Kameleon.
The "Project" means any project, course, trip, or other activity anywhere throughout the world, arranged by Kameleon from time to time;
"Project Leaders" means the leader/s on the allocated Projects, to whom the participant must report and whose rules the Participant must abide by;
The "Service" means the services, as set out at clause 2 below, to be provided by Kameleon to the Participant. |
| 1.2 | The headings in this Agreement are for convenience only and should not affect their interpretation. |
| 2. | The Service Provided |
| 2.1 | Kameleon shall provide the service described below to the Participant, subject to the terms of this Agreement. |
| 2.2 | Kameleon reserves the right to refuse a placement to anyone under 18 years of age. |
| 2.3 | The Service shall consist of: - |
| 2.3.1 | organising and setting up a Project and/or other course(s) as agreed between Kameleon and the Participant; |
| 2.3.2 | arranging full pre-departure briefings online at Kameleon's website www.kameleonadventures.co.uk or on the telephone. A Pre-Departure Pack shall also be provided to Participants; |
| 2.3.3 | arranging suitable accommodation and food (where applicable) during the period of the Participant's involvement in the Project. Kameleon shall, in most cases, arrange for transfers to and from the local airports in South Africa. However, this cannot be guaranteed, and Participants may in some cases have to make their own arrangements. Details of whether transfers are included are set out on the website and in the Pre-Departure Pack; |
| 2.3.4 | arranging Project Leaders to lead and manage projects where required; |
| 2.3.5 | providing and maintaining a full international support structure and providing a local representative. |
| 3. | The Participant's Obligations |
| 3.1 | By filling out and sending the application form, whether by post or internet, the Participant signs a contract with Kameleon Adventures and is obliged to pay the deposit and outstanding balance of the program costs in due time. |
| 3.2 | By participating in a Kameleon Project the Participant accepts that he / she will be subjected to various physical and emotional demands. Participants are aware and accept that the standard of living, including food, hygiene and accommodation in the relevant country may be below the general standards of their own country. |
| 3.3 | The Participant is responsible for his/her own travel arrangements, expenses and insurance during the Project. |
| 3.4 | The Participant warrants that all information and records provided to Kameleon relating to the Participant, the Participant's medical history and medical statement are accurate and truthful and provide Kameleon with a clear indication of the Participant's state of health. |
| 3.5 | The Participant is under a duty to inform Kameleon of any medication requirements, any allergies and any other physical or mental condition that could affect the Participant's performance on the Project. Kameleon shall not in any event be held liable for any consequence arising out of the Participant's failure to take advice or medication as prescribed by a medical practitioner both prior to departure and during the Project. Kameleon reserves the right to reject applicants requiring specialist medical care. |
| 3.6 | The Participant agrees to take personal responsibility for insuring the Participant's own personal effects and Kameleon cannot be held liable for any loss or damage of personal effects. |
| 3.7 | The Participant is responsible for ensuring that he / she has a valid passport, any necessary visa, permits and vaccinations and has obtained and supplied all relevant valid documentation for the Project in terms of travel documents and medical documents. |
| 3.8 | Kameleon cannot be held responsible for a country's decision to refuse entry, exit or the right of passage to the participant (national and local laws governing immigration). All Participants must ensure that they contact the relevant Embassy to acquire the relevant Visa or Tourist Permit prior to commencing the Project. |
| 3.9 | The Participant shall comply with all relevant laws, regulations and customs of the countries visited on the Projects. In the event of a contravention of these laws, the Project Leader or Kameleon shall have the right to require the Participant to leave the Project and no liability on the part of Kameleon shall arise whatsoever. |
| 3.10 | The Participant will at all times respect and follow local laws and culture of the host country and behave in a responsible and courteous manner. Each Participant has a duty of care to each other, to local people and to host country nationals participating in the Projects and to Kameleon. Participants shall follow the reasonable instructions of the Project Leaders during the Projects. |
| 3.11 | As representatives for Kameleon within the host country, the Participant must respect Kameleon's aims and objectives and not wilfully or recklessly seek to damage relations between Kameleon, the Project and (or) the host country. The Participant must not misrepresent Kameleon in any way which would seek to undermine or damage relations between Kameleon and the host country. |
| 3.12 | The Participant shall at all times respect and follow the health and safety procedures as set out by Kameleon, the Project Leaders and/or the representative in the host country. |
| 4. | Charges |
| 4.1 | Subject to any special terms agreed, the Participant must pay Kameleon's standard charge as explained in the "Dates and Rates" section as published on Kameleon's website www.kameleonadventures.co.uk or the project brief. Please note that costs shown within Kameleon's marketing materials are subject to change and as such all final payments shall be displayed on Kameleon's website. Once a Participant has confirmed their booking and paid the deposit, they shall pay the remaining sum which was the published price as at the time of payment of deposit. External factors beyond our control may affect the holiday costs e.g increases in transportation costs (including the cost of fuel), taxes (eg VAT) or other fees chargeable for services such as exchange rate fluctuations. Kameleon reserves the right to increase the price of the holiday to take into account such changes. Even in this case we will absorb an amount equivalent to 2% of the total price excluding any amendment charges. Only amounts of more than 2% will be surcharged. If this means paying a surcharge of more than 15% of the original price, you will be entitled to cancel your booking and receive a full refund of all monies paid to us except for amendment charges. Should you decide to cancel because of this, you must exercise your right to do within 14 days of the issue date printed on the surcharge invoice. Any surcharge is payable with the balance of your holiday or by the date specified on the surcharge invoice whichever is the later. No surcharges will be levied less than 30 days before departure. We regret that no refunds can be made in the event of favourable exchange rate fluctuations or any decreases in costs. |
| 4.2 | The deposit payment of €200 shall be payable by the Participant to Kameleon, immediately on receipt of the confirmation of booking. If the Participant wishes to cancel their placement, the deposit payment is non-returnable. |
| 4.3 | The outstanding balance must be paid by the Participant no later than 10 weeks prior to departure. If, for any reason, the Participant does not make full payment by this date, then Kameleon reserves the right to offer the Participant's placement to someone else, without any refund to the Participant. If a Participant books within 10 weeks, the full payment must be made immediately after Kameleon's confirmation of the booking. Please note that you may be asked to transfer the full amount into Kameleon's bank account on that same day. |
| 5. | Warranties and Liabilities |
| 5.1 | Kameleon warrants to the Participant that the Service will be provided using reasonable care and skill and, as far as is reasonably possible, in accordance with the description of the Service. |
| 5.2 | Any information provided by Kameleon, including but not limited to information about visas, vaccinations, healthcare, climate, baggage and special equipment is given in good faith but without responsibility on the part of Kameleon. |
| 5.3 | Whilst working with or in the vicinity of animals in the care of the Project Leaders you must comply with the instructions of that person. It is a condition of your booking that you accept that the aforementioned Project Leader is entitled to refuse to allow you to work with or be in the vicinity of the animals if for any reason, including your inability, behaviour or health, they consider that you may endanger the safety or welfare of any person or the animals. If so required you have no claim and will not be entitled to any compensation or refund. |
| 5.4 | You acknowledge that there are risks involved in working with or being in the vicinity of animals, be it out in the wild, in captivity or domesticated, and confirm that you are fully aware of and accept these risks. You are strongly advised for your own safety to wear a hard hat whilst in the vicinity of horses. You understand that you may be required to sign a separate acknowledgement and acceptance of personal liability by the Project Leader before being allowed to work with or be in the vicinity of the animals on the Project, and if you are not allowed to do so because you refuse to sign, you will have no claim against Kameleon or the Project and will not be entitled to any refund or compensation. |
| 5.5 | In particular Kameleon shall have no responsibility for any activities undertaken by the Participant outside the scope of those directly relating to the Project. No warranty is given in respect of any activities outside the scope of those relating to the Project and it is the Participant's responsibility to ensure that any person or company offering any activities possesses the requisite care and skill |
| 5.6 | Participant's bookings are accepted on the understanding by the participant, that certain risks exist which are an inherent part of travel in South Africa, and participants undertake all projects and associated expeditions entirely at their own risk. While Kameleon takes every precaution to ensure the safety of participants, no responsibility can be accepted for any death, injury or loss that might occur to such participants, sustained from any causes whatsoever, unless in the case of gross negigence on Kameleon's side. The participant and his/her dependents, heirs, executors, administrators or assign, hereby indemnify and hold blameless, Kameleon, it's members, employees, representatives and agents from any claims of whatsoever nature and from any liability for delay, loss, damage, injury, illness or death arising from any cause whatsoever, unless in the case of gross negligence on Kameleon's side, out of events related to or occurring during a project, including the preparation in the UK and the orientation in the host country by Kameleon's representative. |
| 6. | Complaints |
| 6.1 | If the Participant wishes to make a complaint in relation to the Project, he/she shall bring the complaint to the attention of the representative in the host country or the Project Leader who shall use his/her best endeavours to resolve the complaint within a reasonable time. |
| 6.2 | If the representative in the host country or the Project Leader is unable to resolve a serious complaint, and the Participant leaves the Project before the completion date, the Participant shall provide the representative in the host country and the Project Leader with a written version of events within two months after leaving the Project. Failure to provide this information will forfeit the Participant's right for Kameleon to investigate any complaint. |
| 6.3 | No compensation shall be given to the Participant, unless there are extreme circumstances, which shall be determined at the sole discretion of Kameleon. The Participant agrees that under no circumstances shall Kameleon be liable for damages or compensation arising from any claim related to the assessment of inconvenience, disappointment, discomfort or loss of enjoyment. |
| 7. | Property and Intellectual Property |
| 7.1 | All equipment and resources provided by Kameleon both prior to and throughout the duration of the Project remain the property of Kameleon. |
| 7.2 | Individuals shall replace as new any property that is lost or damaged through careless or thoughtless behaviour. |
| 7.3 | All research, data, reports, photographs and documentation relating to the Project and Kameleon projects provided by Kameleon, shall remain the property of Kameleon. Kameleon retain the rights over use and dissemination of such materials. |
| 8. | Data Protection |
| 8.1 | It may be necessary for Kameleon to pass data about the Participant to countries outside of the European Economic Area (EEA) from time to time. The Participant hereby agrees that Kameleon may disclose his/her personal data, including any sensitive personal data, such as relevant medical history, to the Project Leaders and any other representatives in the host countries. |
| 9. | Termination and Expulsion |
| 9.1 | Should a Participant wish to terminate his/her journey after arriving in the host country, Kameleon will not be liable to pay any refund to the Participant. |
| 9.2 | Kameleon reserve the right immediately and automatically to expel any individual in breach of any term of this Agreement. |
| 9.3 | Without prejudice to the generality of clause 9.1 above the following will result in automatic expulsion :- |
| 9.3.1 | Possession / taking / supplying illegal or illicit substances. The question of whether the substances are illegal or illicit is to be governed by the jurisdiction of the state where the acts take place; |
| 9.3.2 | Displaying cruel, thoughtless or rude behaviour or committing acts which could injure or harm a member of the Project (including a staff member), or any other person or animal; |
| 9.3.3 | Disobeying Kameleon, the Project Leaders' or the representative in the host country's instructions in relation to health and safety; |
| 9.3.4 | Committing an act or displaying behaviour which could jeopardise future Kameleon Projects within the host country or lead to the souring of relations between Kameleon and the host communities or country; and |
| 9.3.5 | Breaking local laws. |
| 9.4 | Expulsion will be carried out at Kameleon's own discretion and is not subject to appeal. |
| 9.5 | In all such cases the Participant will not be entitled to any reimbursement from Kameleon, neither will Kameleon be responsible for any additional costs incurred by the Participant. |
| 10 | Currency of Agreement and Cancellation |
| 10.1 | The Participant will be entitled to cancel this Agreement at any time up until 10 weeks before departure. The date of cancellation will be the date written notice is received by is, so it is recommended to use recorded delivery. The following charges, expressed as a percentage of the total holiday price, will be payable to Kameleon. Charges depend on the date cancellation is received, the Participant will not be entitled to a refund of the deposit, but will be entitled to a refund of any other monies paid. Days before departure written notice is received: Up to 56 days: Deposit will be charged; 42-56 days: Deposit plus 50% of the outstanding balance will be charged; less than 42 days: 100% of the program costs will be charged. Kameleon does not have a cancellation insurance. However, should there be unforeseen circumstances, which makes it impossible for the Participant to join or execute his/her program ie. the death of a close family relative (spouse, child, father, mother, brother or sister) within four weeks of departure, and can prove this in writing to Kameleon, the paid program costs minus the deposit will be refunded to the Participant. |
| 10.2 | The Participant will be allowed to transfer his/her placement to another person or change their project choice at any time up until 8 weeks before departure. In both events, a transfer fee of €200 shall be payable, plus additional costs when transferring to a more expensive project. Date changes for the same expedition are not subject to charges up until 8 weeks before departure. If the Participant wishes to change dates within 8 weeks before original departure, an administration fee of €250 shall be payable. Any change of placement shall be at Kameleon's discretion. There will be no refund if the Participant transfers to an expedition / project which is less expensive than the one originally booked. |
| 10.3 | Kameleon reserves the right to cancel or curtail the project(s) if, in its absolute discretion, it believes that circumstances warrant it. This shall include cancellation where there is an event of force majeure which has occurred (see clause 11). |
| 10.4 | If Kameleon cancels the Project, the Participant will be entitled to a refund: |
| 10.4.1 | in the case of cancellation by Kameleon before departure, whether within or beyond Kameleon's control, the Participant shall be entitled to their deposit and any monies paid less €100 to cover Kameleon's costs, and less any other irrecoverable expenditure on the part of Kameleon which has already been spent; and |
| 10.4.2 | in the case of curtailment, the Participant shall be entitled to a reasonable proportion of the total charge from which any irrecoverable expenditure is deducted. |
| 10.5 | In all of the above cases where there is a cancellation, Kameleon's first recourse shall be to place the Participant on an alternative placement of the Participant's choice.
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| 10.6 | In all of the above cases, either party shall give written notice to the other of the cancellation, and any refund or alternative placement given to the Participant shall be considered to be in full and final settlement of all and any liability owed by Kameleon to the Participant.
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| 11 | Force Majeure |
| 11.1 | Notwithstanding any other provision of this Agreement, Kameleon shall not be deemed to be in breach of this Agreement or otherwise be liable for any delay in performance or non-performance of any of its obligations under this Agreement to the extent that the delay or non-performance is due to any circumstances beyond its reasonable control, including but not limited to Acts of God, war, acts of terrorism, riot or civil commotion, fire, strike, government or other official intervention and unforeseen events at the Project(s) which make it impossible for Kameleon to deliver the agreed services to the Participant. |
| 12 | General |
| 12.1 | This Agreement constitutes the entire Agreement between the parties and shall apply to all Projects and/or other courses provided by Kameleon and undertaken by the Participant. |
| 12.2 | Any notice required or permitted to be given by one party to this Agreement to the other shall be in writing addressed to that other party: in the case of Kameleon, its registered office or principal place of business, in the Participant's case to the Participant's address as stated in his or her application form or being given to the Participant in person or by delivery to the Participant's last known place of residence outside the jurisdiction of the UK |
| 12.3 | No waiver by either party of any breach of contract by the other shall be considered as constituting the waiver of any subsequent breach of contract or any other provision of this Agreement. |
| 12.4 | A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act. |
| 12.5 | English Law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English Courts. |
| 12.6 | You agree that any photographs or film taken during a project arranged through Kameleon may be used by us in any publication or for promotional purposes. |
| 12.7 | All these terms and conditions will lose their validation and liability to claim with the publication of new terms and conditions. |
