TRAVEL WAIVER
NOTE: Zeitz MOCAA does not provide medical insurance, or other forms of general or personal injury liability insurance for travelers on this trip. Medical insurance and travel cancellation Insurance is strongly recommended in conjunction with cancellation due to illness or accident.
For Your Information:
Zeitz MOCAA acts solely as the organizer of this trip and not as booking agents. Tickets, accommodation, and airport transfers are to be purchased by the traveler. Traveler is responsible for any and all travel documentation including visas, transit visas and passport validity.The transportation, accommodations (if any), and other services provided by Zeitz MOCAA are subject to the terms and conditions contained in the tickets, contracts, exchange orders, or vouchers issued by them and/or their suppliers. Because Zeitz MOCAA does not have the right to control the operations of the independent operators and suppliers, Zeitz MOCAA expressly disclaims liability for any and all personal injury or property damage that may arise out of these services. Dates, schedules, details, and costs stated by the Zeitz MOCAA on an itinerary are given in good faith and based on information available at the time and are subject to change, revision, or cancellation.
Zeitz MOCAA reserves the right to change Traveler’s itinerary if, in Zeitz MOCAA sole discretion, such change is advisable to protect Traveler’s safety. Baggage and personal effects are the sole responsibility of the owners at all times.
Travel ticket changes are the responsibility of the traveler. Zeitz MOCAA is will not make any changes a traveler’s
itinerary or pay for travel changes, whether due to a work or personal emergency.
Assumption of Risks:
Zeitz MOCAA draws your attention to the fact that there are certain inherent risks involved in participating in cultural tours and international travel. By signing below, you acknowledge and agree that your participation (including spectating) is voluntary, and you knowingly assume all such risks. You further agree that it is your sole responsibility to take all appropriate medical advice prior to departure as to whether or not you are fit enough to undertake a tour or are subject to mobility, dietary or other restrictions.
Force Majeure:
“Force Majeure” means in relation to Zeitz MOCAA, any circumstances beyond the reasonable control of Zeitz MOCAA, as the case may be, (including but without limitation, acts of god, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, terrorism, insurrection, civil disturbance, or requisition, sickness, quarantine, government intervention, weather conditions, or other untoward occurrences). If Force Majeure affects the trip, Zeitz MOCAA shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip.
Traveler agrees that Zeitz MOCAA is not responsible for losses or delays arising from Force Majeure.
Release and Waiver of Liability:Traveler agrees to assume full responsibility for his/her safety during this tour and is advised that some destinations visited may involve risks of political instability, crime, terrorism, social unrest, disease, and climatic extremes, as well as geographical and atmospheric extremes such as altitude and/or pollution, earthquakes, etc.
TRAVELER ASSUMES ALL RISKS OF DAMAGE OR INJURY IN CONNECTION WITH TRAVEL ON THIS TRIP AND, INTENDING TO BE LEGALLY BOUND, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE ZEITZ MOCAA OR THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM ANY AND ALL LIABILITY, CLAIMS (INCLUDING ATTORNEYS FEES), DEMANDS, ACTIONS AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO TRAVELER’S TRAVEL AND PARTICIPATION ON THIS TRIP, SPECIFICALLY INCLUDING CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE.
Severability:
It is understood and agreed that, if any provision of this Form is held invalid, the invalidity shall not affect other provisions or applications of this Form which can be given effect without the invalid provisions or applications. To this end, the provisions of this Form are declared severable.
Governing Law and Personal Jurisdiction:
THIS FORM WILL BE GOVERNED BY THE LAWS OF SOUTH AFRICA WITHOUT REGARD FOR CONFLICTS OF LAWS PRINCIPLES. PARTICIPANT HEREBY EXPRESSLY AGREES THAT ANY DISPUTE ARISING HEREUNDER SHALL BE RESOLVED IN THE WESTERN CAPE IN SOUTH AFRICA. PARTICIPANT HEREBY ALSO AGREES TO SUBMIT TO JURISDICTION IN THE IN THE WESTERN CAPE IN SOUTH AFRICA.
Construction and Scope of Agreement:
The language of all parts of this Form shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. This Form is the only, sole, entire, and complete agreement of the parties relating in any way to the subject matter hereof. No statements, promises, or representations have been made by any party to any other, or relied upon, and no consideration has been offered or promised, other than as may be expressly provided herein.
This Form supersedes any earlier written or oral understandings or agreements between the parties.