Migration Overland Ltd.
Registered Office: 28 Burton Street , Melton Mowbray, Leics. LE13 1AF.
eg.No. 4655935 England .

Parties and definitions.

The Operator - Migration Overland Ltd of 28 Burton Street , Melton Mowbray, Leics. LE13 1AF. England which includes the operators agents, it's servants or employees.

The Client . The person whose signature and details appear on the Booking Form.

The Project . The Operator's expedition, trek or safari, for which the Client has applied and been accepted for travel.

The Contract . -1) these Conditions of Contract, 2) the brochure for the Project for which the Client has booked, 3) the application booking form, all of which are hereby incorporated into and shall constitute the entire contract made between the Operator and the Client.

The Price. The price of the Project, including local payment current at the time of booking.

Date of Departure . The date of commencement of the Project.

Force Majeure. Unusual and unforeseeable circumstances beyond the control of the Operator, the consequences of which could not have been avoided, even if all due care had been exercised.

A)Booking Conditions.

1) Brochure Description.

The contents of the brochure are based on knowledge and information available to the Operator prior to publication of the brochure and often months prior to the date of departure. No changes will be made to the particulars contained in the brochure relating to the Project unless they are also clearly communicated to the Client before the Contract is made with the Client or, if the changes are made after the Contract is made, only with the agreement of the Client.

2) Deposit.

A deposit of 10% of the Price of the Project shall be sent by the Client to the Operator with the completed Booking Form.

3) Acceptance of Deposit.

The Contract between the Operator and the Client will be final and binding on both parties with effect from the date that notification of acceptance of the deposit has been sent by the Operator to the Client. Notice of acceptance, or otherwise, will be given to the Client within 10 days of receipt of the Client's booking (but usually within 72 hours)

The operator reserves the right for whatsoever reason to return the deposit to the Client and refuse acceptance of the Client's application.

4) Balance of Payment.

The Client will pay the balance of the Price not later than 70 days before the Departure Date. This payment will be made to the same office and in the same currency as the original deposit was made. The Operator shall not make any adjustment to the price due to fluctuations in relative currency values.

5) Transfer of Booking.

5.1 If, up to 70 days before departure, the Client wishes to transfer from the Project he has booked, a transfer fee of 50% of the original deposit is payable. Discretionary waiving of the transfer fee will be considered by the Operator if the transfer is to a higher priced Project departing no later than the original Project booked.

5.2 If the Client wishes to transfer less than 70 days before departure, the Clients request cannot be accepted. Conditions relating to cancellation of the Contract by the Client apply (see paragraph 7 below).

5.3 However, where the Client is prevented from proceeding with the Project, the Client may transfer the booking to a person who satisfies all the conditions applicable to the Project, having first given the Operator notice as soon as possible of his intention. The Transferee will sign the Booking Form, and pay the transfer fee as defined in this Clause. 5.1. The Client and the Transferee shall then be jointly and severally liable to the Operator for payment of the balance due under Clause 4 above and for any additional costs arising from such transfer.

6) Failure to Pay the Balance of Payment when Due.

If the balance of the monies due from the Client to the Operator is not paid 70 days prior to departure, the Operator will treat the Contract as cancelled by the Client, and retain the deposit.

7) Cancellation or Alteration of the Contract.

7.1 The Client acknowledges that payment for the Project is an intrinsic part of the Project's income and contributes to the overall cost of equipment, vehicles, running costs, staffing, administration etc., and that the Operator will have incurred the largest part of its costs before the actual date of departure. Cancellation by the Client must be in writing.

7.2 If the cancellation is made by the Client not less than 60 days before the Date of Departure, the deposit only will be retained by the Operator.

7.3 If the cancellation is made by the Client less than 60 days before the Date of Departure, the Operator will retain the deposit and will only refund any balance of payment made if all places on the Project are subsequently filled.

7.4 If the Operator alters significantly any of the essential terms of the Contract, the Client shall be entitled to decide between:-

•  withdrawing from the Contract without penalty; or

•  accepting for no more than the Price as contracted, a rider to the Contract specifying the alterations made; or

•  accepting a substitute Project of equivalent or higher quality where the Operator is able to offer the Client such a substitute, or if of a lower quality, a refund of the difference in price and, in any such instant, to receive a 5% discount of the Price of the substitute Project accepted; or

•  to be repaid as soon as possible all sums paid by the client under the Contract.

7.5 If the Operator cancels the Project before the agreed Date of Departure for whatever cause, other than the fault of the Client, the Client shall be entitled to either:-

•  accept a substitute Project of equivalent or higher quality where the Operator is able to offer the Client a substitute, or is of a lower quality, a refund of the difference in price, and, in any such instant, to receive a 5% discount of the Price of the substitute Project accepted; or

•  to be repaid as soon as possible all sums paid by the Client under this Contract.

7.6 In all such cases, the Client shall not be entitled to compensation where:-

•  cancellation is on the grounds that the number of persons enrolled is less than the minimum number required for the Project and the Client is informed of the cancellation in writing as soon as possible and in any event no later than 45 days prior to the departure; or

•  cancellation is for reasons of Force Majeure.

7.7 The Operator shall determine a minimum number, if any, required for the Project to take place and shall notify the Client not less than 45 days prior to departure that the minimum number have not enrolled and the Project is cancelled, in which event the provisions of this clause shall apply.

7.8 After the Departure Date, no refund for any unused portion or part of the Project or services to be provided will be given. If the Client of their own volition makes any alteration to, or departs from, any portion or part of the Project, such alteration or departure will be entirely at the Client's expense and liability and the Client will forthwith communicate in writing the reasons for leaving to the Project's Leader.

B)Operational Conditions.

1)Information concerning routes, schedules, itinerary guidelines, amenities and modes of transport set out in the Brochures and other written information supplied to the Client are subject to alteration without prior notice. This information constitutes an indication only of what each Project is planned to accomplish and is not to constitute a contractual obligation on the part of the Operator. The Client accepts that Force Majeure, a sickness, mechanical breakdown, events emanating from political disputes, entry or border difficulties, severe adverse weather conditions, floods, quakes and other unpredictable or unforeseeable circumstances may also have a consequential or material effect on the contents and timings of the Project, including in particular the time of arrival at the Project's destination.

2)The Client accepts that some changes, delays or detours may arise as a result of changes or difficulties in procurement of visas by the Client themselves or by any other member of the Project.

3)Mode of Transport.

3.1 Where stated, for each Project, the Operator's own expedition vehicle will be used. Where this is not stated, use of locally arranged transport including jeeps, coaches, buses or river craft are used as shown.

3.2 Where the Operator's own vehicle is not used, the Client agrees that the obligation of the Operator to the Client is to select normally competent, independent sub-contractors to provide such transport and any other services related to the Project and to exercise reasonable care in selecting such suppliers to provide these services.

3.3 The Operator will use its best efforts not to sub-contract for such transport except as notified but reserves the right to do so in such circumstances as may be determined by the Operator at its own discretion.

4)Contingencies

If for reasons beyond the Operator's control, the Operator is obliged to utilise unplanned air or sea transport, the Client will accept such other means of transport so as to enable the Project to continue. The Operator will bear the first £150 of any additional expenditure arising out of or in connection with the continuation of the Project. Should the additional expenditure by the Operator exceed £150 per person, the Operator reserves the right to receive from the Client a further payment, not exceeding £150, to help meet any such additional expenditure beyond £150 per person. Any further additional expenditure would be the responsibility of the Operator.

5)In the event of a complaint and/or claim.

In regard to a complaint or a claim, the Client agrees to the following procedure:

5.1 The Client will ensure that at the earliest opportunity, any perceived failure in the performance, or improper performance of the Contract, whether by the Operator or its suppliers, is communicated to the Operator's Project Leader. The Operator and the Client will then make prompt efforts to resolve the complaint; and

5.2 The Client agrees to give written details of any unresolved serious complaint to the Project's Leader.

5.3 In the event of a claim for compensation, the Client agrees that any such claim must be received by the Operator within 30 days of the Projects completion date.

5.4The Client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Operator's discretion, exclude any rights arising out of this Contract.

C)Extent and Financial Limits of Liability.

1)The Operator shall be liable to the Client for the proper performance of the obligations arising from the Contract, irrespective of whether such obligations are to be performed by the Operator or by other suppliers of services contracted by the Operator. However, the Operator will not be liable if such failure to perform is attributed neither to any fault of the Operator nor to that of another supplier of services, because:

•  such failure to perform is attributed to the Client; or

•  such failure being attributable to a third party unconnected with the provision of the services contracted for is either unforeseeable or unavoidable; or

•  such failure is due to a case of Force Majeure; or

•  such failure is due to an event which the Operator or the supplier of services, even with due care, could not have foreseen or forestalled.

In the cases referred to in sub-classes C1.2, C1.3 and C1.4 above, the Operator will give prompt and appropriate assistance to a Client in difficulty.

2)The Operator's maximum aggregate liability under, arising from or in connection with this Contract shall be limited to a reasonable sum and in no circumstances shall be greater than the Price. However, nothing in this Contract shall exclude, restrict or limit the Operator's liability for death or personal injury resulting from the Operator's negligence nor affect the Client's statutory rights.

3)3.1 Subject to Clause C2 above, if any claim is made against the Operator by the Client pursuant to sub-clause C1 above rising from the non-performance or improper performance of services by the Operator or a supplier of services other than the Operator, the Operator's maximum liability in respect of such a claim shall be limited to the amount to which the Client would be entitled to receive as damages from the Operator or such other supplier of services under applicable law (including relevant international conventions).

3.2 If any such claim as is set out in sub-clause 3.1 above is made, the Operator reserves the right to claim in place of the Client against the relevant supplier of services. In these circumstances, the Client hereby agrees to assign to the Operator all his rights against such supplier in respect of the relevant claim and the Operator will be subrogated to these rights.

D)Compliance with Legislation.

The Client will comply at their expense and their liability with all legislation, visa requirements, immigration, customs and foreign exchange regulations of the countries visited. Should there be any failure to comply or any contravention by the Client of such laws, requirements or regulations and subject to the provisions of this Contract, the Operator shall have the right to require the Client to leave the Project without recourse to refund or other compensation.

E)Responsibility for Effecting Suitable Personal Travel Insurance.

1)The Client will effect no later than the date on which the balance payment is due and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third party liability insurance in respect of the Client and dependant relatives, and insurance to cover loss of, damage to, or theft of the Client's baggage. The Project is a journey of a hazardous nature and the Client shall be satisfied that such insurance fully covers all personal requirements including medical expenses and repatriation in the event of accident or illness and in no circumstances is this insurance to be less than the minimum sum to be insured as stipulated in the Brochure. The insurance policy and the receipt for premiums paid thereunder will be produced to the Operator or the Project Leader prior to departure. If circumstances give rise to a claim, the Client will forthwith pursue his remedies under such policy(ies)

2)The Client will also produce to the Operator prior to departure or on request details of the name, address and telephone numbers of their next of kin or persons to be notified in the event of an emergency.

3)On an Overland Adventure, the Client's insurance cover should extend for the planned duration of the Project and at least an additional one day for each planned week, or part thereof, of the Project.

4)If the Client obtains such insurance through the Operator, the Client acknowledges that he is satisfied with the levels of insurance that have been arranged for him on his behalf. The Client acknowledges that the Price alone does not include the cost of any personal travel insurance.

F)Acceptance of Risk.

The Client acknowledges that there is a significant element of personal risk in participating in the Project. The Client accepts and consents to the personal risks inherent in implementation of this Contract, and accepts the limitations of the Operator's liability set out herein as being reasonable. The Operator reserves the right at any time to require the Client to produce a doctor's certificate certifying that the Client is fit to participate in the Project.

G)General Conditions.

1)The Operator will appoint the Project Leader(s), who will represent the Operator, and the Client agrees to accept the decisions of the Project Leader(s) who shall have absolute discretion and authority to secure implementation of the Operator's obligations under the Contract.

2)Waiver.

No person, save with the express permission in writing of a company director of Migration Overland Ltd., has the authority or is empowered to waive or vary any of the conditions.

3)Passport/Visas.

The Client acknowledges prior to Contract they have been given general information on passport and visa requirements for the Project and of the health formalities required for the Project, and knows of no reason that would cause the Client to be unable to comply with these requirements.

4)Appropriate Law and Courts of Law.

This Contract shall be construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts to settle any disputes which may arise out of or in connection with the Contract.