Terms and Conditions

Terms & Conditions

All trips are subject to the Terms and Conditions below

1        Parties

1.1       In these Terms & Conditions, “we”, “us”, “our” or “Stephan Olivier Photography & Tours” means Johannes Stephanus Olivier, and any of their agents, employees, or representatives, as applicable.

1.2       “You” means you, your spouse or partner or any other party accompanying you on the tour, as applicable.

2        Payment

2.1       Bookings will only be secured upon receipt of a 25% deposit (non-refundable) of the total booking value and must be received within 14 days from the date of acceptance of the quotation.

2.2       Provisional bookings (with payment plans) may only be extended to bookings made at least _____ days prior to arrival.

2.3       Any payments made to us, whether in part or in full, shall constitute the acceptance of these terms and conditions as well as related indemnity, conduct and booking conditions as stipulated by us and our third-party suppliers.

2.4       All payments shall be made by way of electronic funds transfer (EFT), wire transfer and/or credit card into the nominated bank account of Stephan Olivier Photography & Tours as per quotation/invoice. It remains the sole responsibility of the attendee to ensure that the total booking amount is received into our bank account without set-off or deduction, free of bank charges and without loss/gains through foreign exchange rate fluctuations/conversions. Proof of payment, must be e-mailed to info@stephanolivier.com to secure/confirm a booking.

3        Reservations, Fees and Tuition

3.1       When you decide to book your photography tour with us, fill out the registration form of the specific tour you wish to join with as many details as possible. You will receive an invoice with registration info for your deposit via email, which when paid, will officially reserve your spot on the tour.

3.2       For details on what is included and whether there are any other fees or costs please contact us.

4        Reservations, Cancellations, Changes and Refunds Policy

4.1       If you have to cancel we must receive written notice of your cancellation. The cancellation fees are as follows:

4.1.1      Prior to 75 days before commencement of the Workshop = Full refund minus 25% nonrefundable deposit.

4.1.2      30 – 74 days before commencement of the Workshop = No refund, but you can use 75% as future trip credit (valid up to 3 years).

4.1.3      Less than 30 days prior to the commencement of the Workshop: No refund or credit to future trips.

5        Travel Insurance

5.1       We recommend that you purchase a travel protection plan to help protect you and your travel investment against the unexpected, including Covid lockdowns etc. Travel Insurance is not included in any of the tours.

6        Wildlife & Itinerary Fluctuations

6.1       We reserve the right to make reasonable changes in the itinerary where deemed necessary (because of weather etc.) or advisable for the comfort and well-being of trip members. In the event of such changes, you may be subject to any small additional costs incurred.

6.2       No wildlife sightings or specific encounters can be guaranteed because of them being wild and free. 

6.3       All wildlife will be respected at all times and will not be pushed beyond their comfort boundaries for the sake of a photo.  Safe and responsible distances will always be maintained.

6.4       The well-being of the animals is a top priority, and no deviation from this will be allowed or tolerated.

7        Your Responsibilities and Obligations

7.1       You have the following responsibilities and obligations:

7.1.1      Communicate all medical, dietary, and health conditions upfront.

7.1.2      Be considerate and respectful with other trip participants and your tour leader.

7.1.3      Follow good standards of personal hygiene.

7.1.4      Act in an appropriate and courteous manner.

7.1.5      Be safe; do not endanger yourself or others.

7.1.6      No drugs or excessive alcohol consumption before going into the field to photograph. Intoxicated persons will not be allowed to go out for the day. 

7.1.7      You must follow the trip leader's directions and instructions.

7.1.8      Be promptly on time as specified by the tour leader.

7.1.9      Bring appropriate clothing and the equipment needed for the trip.

7.1.10   Complete the trip itinerary as scheduled (or as adjusted by your trip leader as necessary).

7.1.11   Keep your passport or any other small belongings safe from being stolen. We suggest a small bag that you can carry with you.

7.2       We reserve the right at any time to remove a participant from a tour or to decline to accept or retain anyone as a tour participant. If you cannot or choose not to follow your responsibilities and obligations, you will be asked to leave the tour. In the event of a violation of the above responsibilities and obligations, there shall be no refund or trip credit and we are not responsible for any additional costs you may incur, such as airfare, overland travel expenses or any other expenses.

8        Travel Documents

8.1       You are responsible for all your necessary travel documents.

9        Weather

9.1       You will not be entitled to discounts or refunds if the weather during the trip is not favourable and prevents certain events from taking place.

10     Health and Diet Considerations

10.1    If you have a special health concern or dietary need, please communicate it during the registration process. We will make every effort to make reasonable accommodations.

10.2    Check with your regular health insurance company to see if your policy will cover any medical care you might need if your trip enters another country. If not, consider buying travel health and evacuation insurance.

10.3    Be sure to talk to the doctor in case there are special recommendations for you.

11     Privacy

11.1    If you prefer not to have your photo taken and/or published on our promotional material, please notify us by email and we will refrain from doing so.

12     Interpretation

12.1    This agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. There are no verbal or other agreements which modify or affect this agreement.

13     Force Majeure

13.1    Rarely do we have to cancel a trip because of conditions or an event beyond our control, so we must reserve the right to change portions of a trip or to cancel all or a portion of a trip.

13.2    If we have to cancel the entire trip, you will receive a credit that can be transferred to the next time that specific trip is scheduled or a credit toward another trip. However, we are not responsible for additional expenses you may incur to prepare for the trip (including non-refundable air tickets, equipment or medical expenses, etc.).

13.3    If we are personally unable to lead a trip or are sick or injured, we will make every effort to find a suitable replacement. If that is not possible, then credit for the specific trip may be transferred to the next time that trip is scheduled or a credit toward another trip.

14     Arbitration

14.1    In any dispute arising from or about this agreement, you agree that the dispute shall not be resolved by a court but shall be arbitrated by a private arbitrator. Either you or us (hereafter the “party” or “parties” in this section) must bring a claim by notifying the other by a written demand for arbitration within 120 days after the date the claim arises and in no event later than one year after the completion of the tour or such claim shall be forever barred. Each party shall select an arbitrator within 10 business days after receipt of such written notice. Within 20 days from the original written notice, the two arbitrators shall agree on the identity of a third arbitrator, and this third arbitrator shall alone arbitrate the matter. If the initial two arbitrators cannot agree on the identity of the final arbitrator, the parties may apply to the Court of King’s Bench in British Columbia for the limited purpose of having the Court select the final arbitrator, in which case the Court's decision shall be final. The arbitration hearing shall be no more than 90 days from the date of the originally written demand for arbitration. The arbitrator's decisions on the procedure or the merits of the matter shall be final, and neither party may appeal the decision to any Court. The parties shall share the arbitrator’s fee and any filing fees equally.

15     Assumption of Risk, Wavier, Release and Hold Harmless

15.1    During the trip or tour in which you participate, there are risks and dangers, including bodily injury or death. An accident or illness may occur without access to immediate or timely medical treatment or facilities. There are risks of property damage, travel delay, natural hazards, wildlife hazards, quarantine, political instability, terrorism, strikes, government restrictions, thefts, pilferage or any other event or situation not under our control like higher fuel prices or even fuel shortages.

15.2    You understand that such risks cannot be completely eliminated and are an inherent attribute of such trips. In consideration of, and as part of the opportunity to participate in such trips, tours and/or other activities and services provided by us, you do hereby assume all risks and hereby release us, our employees, agents and associates, and hold them harmless from any and all liability, actions, causes of actions, claims, and demands of every kind and nature, howsoever caused, which you now have or which may arise of or in connection with any of my trips or tours and your participation in any activities arranged or provided by us, our employees, agents and associates.

15.3    Therefore, you agree we shall not be liable for any claims, indirect, special, consequential, or punitive damages arising out of or relating to your participation in any activities arranged or provided by us.

15.4    You agree that we shall have no liability for travel delays and expenses arising from failure of any means of conveyance to arrive or depart as scheduled, discrepancies or changes in transportation or lodging services.

15.5    Should we, or anyone acting on our behalf, be required to incur attorney's fees or costs incurred to enforce this agreement, you agree to indemnify us and hold us harmless for all such fees and costs.

15.6    The terms of this agreement shall serve as a release and assumption of all risk for you, your heirs, executors and administrators, all members of your family and anyone claiming by or through you.

15.7    If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.

15.8    You agree that you have been afforded an opportunity to obtain Independent Legal Advice in regard to the above waiver and release. You hereby confirm that you have either done so or waived your right to do so.

By signing below, you acknowledge and agree to waive certain specific rights as set out above on behalf of yourself and anyone claiming by or through you.

You hereby agree to the terms and conditions as set out above.