TERMS & CONDITIONS OF USE INCLUDING DISCLAIMER

a. Definitions: “owner” – means the Owner, Shareholder, Director or Agent of any houseboat, tender boat, vehicle or vessel under the control of the “owner”.

“user” – means any Client, Operator, Agent or person that make use of any of the facilities that the “owner” operates.

Okavango House Boats (“the owner”) operates all activities with and involving the house boats including the tender boats subject to the following terms :

b. Disclaimer:

The use of the boats are, by the way their nature and operation, subject to all forms of risk, damage and injury including death. Consequently the owner excludes all liability arising from use of the boats. The user acknowledges the above and indemnifies the owner against all claims arising from damages caused by the owners, operators, servants, agents or other users of the

c. Conditions:

1 The user is only to use the boats under the auspices of a person(s) appointed by the owner.

2 The user is to obey all reasonable instructions given by the appointed Person(s) overseeing the use of the boats.

3 The failure to do so is at the users own risk and can lead to the user being prohibited forthwith from further use of the boats.

4 The user accepts all liability for costs and damages that arise in this regard.

5 These Provisions apply also in regards to the misuse and/or abuse by the user of the boat, the environment (including wetlands, farmlands, settlements as well as roads, paths and the like), vehicle and pedestrian traffic as well as the general well being of its inhabitants.

6 To the extent applicable, these provisions also apply to persons using the boats not belonging to the owner.

d. Consent:

The user of the boat guarantees that he/she has the necessary consent to use the boats.

e. Law:

This agreement is subject to Botswana Law. The court of Maun has sole jurisdiction to hear all claims instituted by the user, his or her guardians, heirs, executors, assigns against the owner.

f. Exemption:

Any and all exceptions and reservations by the user to the above provisions are excluded upon the user making use of the boats.

g. Fuel:

You are invited to dip the fuel tanks. The tanks will be dipped again at the end of the trip and the fuel charged. Outboard oil is charged at 1 litre/ 50liters of petrol used. Fuel usage sheets are kept to ensure proper control. Consumption for transfers and return journeys are estimated and charged accordingly.

h. Deposit and Cancellation:

1 A non-refundable Deposit secures the reservation

1.a This deposit ONLY refundable if cancellation is caused due to travel restrictions implemented by the Botswana Government due to Covid 19

2 The fact that the deposit or any payment is made is proof that the user accepts these Conditions and that an Agreement exists between the “owner” and The user.

3 If the booking is cancelled more than 2 weeks before the reserved date of arrival 50% of the invoiced amount will be due

4 If the booking is cancelled less than 2 weeks before the reserved date of arrival 100% of the invoiced amout will be due.

5 If the booking is cancelled within 1 week of travel due to point 1.a above (Government Travel Restrictions), a small % of the deposit will be withheld to cover costs of fuel, food etc where

i. Availability of Boats:

Although every effort will be made to have the booked boat(s) available, the owner reserves the right to change bookings to other boats in case of engine break downs, contingencies, and vis.