CARSTEN FRANIK ADVENTURES
STANDARD TERMS AND CONDITIONS (STC)
KITE ARMADA is a product of CARSTEN FRANIK ADVENTURES, based in Switzerland. Please read the following booking conditions carefully, as they set out the terms and conditions of the contract between you and CARSTEN FRANIK ADVENTURES for all and any booking or service provided.
Third Party Service Providers
CARSTEN FRANIK ADVENTURES provides Clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as Rental Car Companies or Third Party Tour Guides (named the Principal). The Travel Agent represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), will constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the Principal. The Travel Agent will provide the identity, terms and conditions of
all the Principals if so requested by the Client relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarise themselves with such terms and conditions (‘the Principal’s Conditions’).
You agree that you will at all times comply with the requirements f CARSTEN FRANIK ADVENTURES in regard to your conduct and you will not in any way constitute a nuisance or a danger to any other passenger on the trip.
If you have special requests you must address such requests to CARSTEN FRANIK ADVENTURES in writing well before the departure date. Whilst CARSTEN FRANIK ADVENTURES will use its best endeavours to accommodate such requests, it does not guarantee that it will.
The Proposed Travel Arrangements are made on the express condition that CARSTEN FRANIK ADVENTURES, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage, accident, injury, illness, harm, trauma, death, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur.
The Client indemnifies and holds harmless CARSTEN FRANIK ADVENTURES, its employees and agents accordingly. CARSTEN FRANIK ADVENTURES, its employees and agents shall furthermore not be liable for any indirect and/or consequential loss or damages whatsoever.
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any damage or loss, as a result of “force majeure”.
In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Bookings, Included and Excluded Services
“The booking” or “the reservation” refer to part, or all of the travel arrangements made on behalf of a client with Third Party Service Providers, and excludes services of a peripheral nature.
When booking a KiteArmada expedition in Namibia at CARSTEN FRANIK ADVENTURES, the following services are included in the price:
Off-Road-Vehicles and Vehicle-Equipment
Fuel for all vehicles involved
Namib Naukluft Park permits
Food (Breakfast, Lunch and Dinner including: Coffee/Tea, Cereals, Jam, Cold Meats, Salads, Bread, Variety of Meats (Pork, Chicken, Beef Steak)
Namib Desert Guides, Support Team and Vehicle/-s
Full Camping Equipment, except personal sleeping bags and pillows
Spares and Tools
The following services are excluded the price:
Water, Alcoholic Beverages and Soft Drinks
Extra activities, e.g. Quad Biking, Hot Air Ballooning etc.
Kite and other personal Gear
Pharmaceutical Supplies and Personal Medicine
Activities, Accommodation, Rental Cars before or after Kite Armada’s expedition
Please note that prices are subject to change due to currency regulations, unforeseen increases in fuel prices or future government taxes. Quotations are subject to availability at time of booking.
In the event of there being an unscheduled extension to the booking caused by flight delay, bad weather, strike or any other cause that is beyond the control of CARSTEN FRANIK ADVENTURES, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc) will be for your account.
Deposits and Payments
Any booking made by CARSTEN FRANIK ADVENTURES on your behalf, constitutes a form of contract between you and the Third Party Service Providers. Should these Third party providers renege or deliver sub standard service, this matter will be between the third party operator and the Client/you. CARSTEN FRANIK ADVENTURES will assist to claim any refunds, losses and claims that the clients may have. In no way may CARSTEN FRANIK ADVENTURES be held liable for any claim or cost.
Deposits and/or full payments paid over to the Third party, on clients behalf, by CARSTEN FRANIK ADVENTURES, constitutes a contract between you/client and the third party. Should the third party liquidate, close, not deliver on the contracted agreement, CARSTEN FRANIK ADVENTURES will endeavour to assist the Client/you claim this money back, or assist to claim a similar replacement service. CARSTEN FRANIK ADVENTURES may in no way be held liable should this money, payment or service not be carried out by the third party due to above circumstances or any other.
Should yours be a group booking and the group number deviate from the number required for the booking, the Third Party Service Providers may reserve the right to re-cost the price and raise a surcharge. Should you or any party of your group refuse to accept and pay such surcharge, it may result in the Third Party Service Providers cancelling the booking and retaining any payment made. CARSTEN FRANIK ADVENTURES will be entitled to retain any service fees charged.
50 % deposit of the full tour price is payable and booking will be confirmed upon receipt of such payment. The balance of the remaining 50 % must be transferred no later than 40 days prior to start of the tour.
If the full contract price is not received 40 days before the departure date, we may cancel the reservation and retain whatever deposit or other funds already received from the client.
Cancellations have to be submitted in writing.
30 days prior to start of tour: No refunds
Non-arrivals / ‘No show’: No refunds
Should the tour be cancelled by CARSTEN FRANIK ADVENTURES due to unforeseen circumstances/reasons, we will undertake to refund the client of any payments made.
It is strongly advised that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage/sports equipment and evacuation. (Note that is not an exhaustive list). Insurance and options should be discussed with your consultant. It is not the responsibility of CARSTEN FRANIK ADVENTURES to take out insurance for you except upon detailed instructions given in writing by you.
The insurance taken out by CARSTEN FRANIK ADVENTURES under such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and CARSTEN FRANIK ADVENTURES shall not be obliged to obtain separate cover for any risks so excluded. CARSTEN FRANIK ADVENTURES shall not be under any obligation to affect a separate insurance for each customer. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only.
CARSTEN FRANIK ADVENTURES strongly recommends that travel insurance be purchased for the duration of your journey. CARSTEN FRANIK ADVENTURES urges you to take out additional insurance cover over and above the phase one insurance offered free as standard for international travel by the various credit card companies. Kindly check with your respective credit card company directly to obtain specific details of the complimentary cover. CARSTEN FRANIK ADVENTURES will not be responsible if you fail to take adequate insurance cover.
Verification of Travellers’ Names and Travel Details
It is important that you provide CARSTEN FRANIK ADVENTURES with the travellers’ names as per the travellers’ passports. Failure to do so could result in denied boarding or deportation. Please confirm that all of the travel arrangements, itinerary details and documents are correct. Once documents have been issued changes could incur financial penalties imposed by the service provider(s) and these will be payable by you.
Passports, Visas & Health
It is entirely your duty to ensure that all passports and visas are current, valid, obtained on time and will be valid for six months to one year after your return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with CARSTEN FRANIK ADVENTURES before travelling. CARSTEN FRANIK ADVENTURES will endeavour to assist you but such assistance will be at CARSTEN FRANIK ADVENTURES discretion and you acknowledge that in doing so, CARSTEN FRANIK ADVENTURES is not assuming any obligation or liability and you indemnify CARSTEN FRANIK ADVENTURES against any consequences of non-compliance.
It is your duty to familiarise yourself with the inherent dangers of and mental and/or physical condition required for your proposed travel arrangements. Please note: All visitors to Namibia are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued.
If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. The client must ensure that the details supplied to CARSTEN FRANIK ADVENTURES mirror those details shown on their passport for international travel and ID documents for
local travel CARSTEN FRANIK ADVENTURES cannot be held responsible for: Denial of your visa application for any reason; Delay of issuance of your visa by the consulate; Loss of your passport(s) by the consulate and/or
courier; Change in visa costs and requirements; Financial losses incurred as a result of a visa application being denied; Please note that a visa does not guarantee entry to any given country at point of entry.
Other documents that may be required for your journey are your identity document, an international driver’s license, inoculation certificates and hotel, car and tour vouchers. Please ensure that you check all of these prior to your departure.
Subject to statutory constraints or compliance with an order of court, CARSTEN FRANIK ADVENTURES undertakes to deal with all your information of a personal nature on a strictly confidential basis.
If you request or instruct CARSTEN FRANIK ADVENTURES to do bookings via the Internet, you irrevocably authorise CARSTEN FRANIK ADVENTURES to do the following on your behalf (1) make any selections of and for the booking (2) make payments and (3) accept booking conditions.
The website FRANIK ADVENTURES.com is owned by CARSTEN FRANIK ADVENTURES and the domain name is registered in the name of CARSTEN FRANIK ADVENTURES. All intellectual property rights in and to the aforementioned vests in the owners as indicated. None of the content or data found on this site may be reproduced, sold, transferred, or modified without the express written permission of CARSTEN FRANIK ADVENTURES.
Please note that the use of the website is subject to the STC and specifically subject to Swiss law and the jurisdiction of Swiss courts.
Access and Use
Access to and use of the website is entirely at the user’s risk. CARSTEN FRANIK ADVENTURES may discontinue or suspend the website at any time without notice, and it may block, terminate or suspend any user’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Links to other websites
There are links on this website which allows a user to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by CARSTEN FRANIK ADVENTURES makes no representations and gives no warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any
such sites. CARSTEN FRANIK ADVENTURES has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research
and assess the risks which may be involved in accessing and using any software on the Internet before using it. You are deemed to indemnify CARSTEN FRANIK ADVENTURES against any claims for loss or damage arising from your use of or of information gained from or from accessing any such linked sites.
CARSTEN FRANIK ADVENTURES may make future changes, deletions or modifications to such terms and conditions, information, graphics, products, features, functionality, services, and links at any time without notice and your subsequent viewing or use of this website will constitute your agreement to the changes, deletions and modifications.
Interpretation, Law Applicable and Jurisdiction
This agreement is governed by Swiss Law. The Parties hereby consent to the jurisdiction of the appropriate Magistrate’s Court in regard to any action and/or proceedings based on/or arising from these Standard Conditions of Business. This document reflects the only and full agreement between you and CARSTEN FRANIK ADVENTURES and there exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and you acknowledge that you have not relied on any matter or thing stated on behalf of CARSTEN FRANIK ADVENTURES or otherwise that is not included herein. No variation and/or extension thereof shall be valid unless agreed to both by the Parties in writing. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by CARSTEN FRANIK ADVENTURES, this document will always have preference. You will be liable for all legal fees on an attorney and own client scale in the event that CARSTEN FRANIK ADVENTURES has to engage a lawyer to enforce or defend any of its rights or otherwise.
In the event that you have any reason to complain, or experience any problems with your holiday whilst away, you must immediately inform the supplier of the services in question. Any verbal notification must be put in writing and given to the supplier as soon as possible. If you are still dissatisfied, you must notify us on our emergency mobile number 0033 783 60 60 40 at the earliest opportunity – until we know about a problem or complaint, we cannot begin to resolve it. Failure to give us the opportunity to resolve any problem at the time it occurs will result in either a reduction, or complete extinction, of any rights which you may have, to claim compensation from us. Whilst every effort will be made by CARSTEN FRANIK ADVENTURES to resolve your complaint to your satisfaction it is specifically recorded that CARSTEN FRANIK ADVENTURES in no way accepts liability for any claim that you may have in respect of your complaint.
Taxes: We will advise you of all mandatory taxes, which you must pay before departure. However, certain countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline or your consultant when you reconfirm your flight details. Renovations: Please be aware that hotels undergo renovations from time to time. Hotels take all possible steps to limit disruption to their guests. We will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If we are specifically advised of renovation work, dates may be provided, but it is important to remember that these are subject to change and we are not always notified.
The person requesting the quotations or estimates or making the booking or to whom any service is rendered, is deemed to have read and accepted the Conditions. This person is also deemed to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered
CARSTEN FRANIK ADVENTURES
I do hereby warrant and acknowledge:
That my general health is good and there is nothing with renders me unfit to undertake the tour.
That I understand and appreciate fully that there may be risks, hazards and dangers involved to which I would be subjected to and more particularly:
That it is potentially dangerous to do recreational off-road driving, in particular in areas where 4x4 vehicles are required, including rocky, muddy or sandy dune areas.
That it is potentially dangerous to do recreational kitesurfing, in particular in remote areas such as the Namib Desert.
That medical services are not available nearby in remote areas, and that it can take considerable time for medical services to reach a person in need of such medical services.
That I am aware of the potential dangers of exposure to sun - directly or indirectly - and that serious sunburn may result from unprotected exposure.
I acknowledge that I have read, and that I understand the Terms and Conditions of KITE ARMADA and that I voluntarily assume the risk inherent in taking part of this tour, or any other activity offered by CARSTEN FRANIK ADVENTRUES.
Furthermore, I, together with my heirs, executors and administrators hereby release CARSTEN FRANK ADVENTURES, Its subsidiaries, owners, officers, guides, servants, agents and representatives from any duty of care towards me, in connection with my participation of this tour, and hereby indemnify, hold harmless and expressly exempt CARSTEN FRANIK ADVENTURES, its subsidiaries, owners, officers, guides, servants, agents and representatives from any liability for delay, inconvenience, accident, injury, illness or death RO my person, or loss or damage to my property arising from any cause whatsoever, irrespective of whether such claim or claims arose as a result of the negligence of any person, or from any of the risks, dangers or hazards inherent to a tour through the dunes or other wild terrain.
I furthermore undertake to obey all reasonable and lawful instructions of the guides, or their deputies, and I acknowledge that the following instructions has been given and explained to me, by the guides on shore:
I, and any passengers in my vehicle, must wear a safety belt at all times.
I must ensure that all equipment and luggage are fastened properly and to ensure that there are no loose articles either in or on my vehicle that can cause injury or loss.
I will not consume alcohol until we have reached our destination for the day and guides confirmed that the driving is done for the day.
I must not litter.
I acknowledge that the following instructions has been given and explained to me, by the guides on while at sea:
I will not consume alcohol during the day, when at sea or on land.
I must ensure that my personal surf gear is in good and safe working order.
I will be designated a team partner/-s and we will remain in visual range at sea at all times.
I am aware of the fact that kitesurfing in these regions is an exhausting sport activity involving a high risk of dehydration, severe sunburn and injuries, if decent measures are not taken into account by the riders. Therefore, I will follow the guide’s safety and best practice instructions at all times and care for fellow kiters and the environment.
I must ensure to stay well clear others kiters so as not to involve a risk of an accident and obeying international collision avoidance rules.
In an event where I loose sight to the group (distance increasing, fog, rain etc), I am immediately navigating back to the beach and reporting this as soon as possible.
I must ensure not to navigate further away from the coast than 3 nautical miles.
Registered Company Address
CARSTEN FRANIK ADVENTURES