GENERAL TERMS AND CONDITIONS OF BOOGIE EVENTS

General

Boogie Events a company incorporated under the laws of Maurice, having its registered office at Boogie Events Ltd, 4th floor, Ebene Skies, Rue de l’Institut, Ebene, Mauritius (hereinafter referred to as the “Supplier”) is specialized in the arrangement and the sale of travel and associated outdoor activities (hereinafter referred to as the “Activities”).

These general terms and conditions (hereinafter referred to as “GTC”) are setting forth the terms and conditions of (i) use of the website www.boogieevents-madagascar.com (hereinafter referred to as the “Website”) and (ii) conditions of sales applicable to the Activities described on the Website (hereinafter referred to as “GTC”).

By accessing and using the Website you agree to fully comply with the terms of use described below as well as the provisions of general terms and conditions of sale.

The GTC as well as any information provided in Supplier’s website are in English. The French version of the GTC is for information purpose only. In case of contradiction between the French version and the English one, the English version prevails.

We reserve the right to modify the GTC at any time. In case of modification of the GTC, the applicable GTC shall be those applicable the date of booking confirmation.

The GTC shall apply in lieu of and prevail over any terms and conditions contained or referred to in any communication from you or implied by custom or practice. Other terms and conditions are expressly rejected byus.

The information and material provided on the Website is provided free of charge (except where otherwise stated) and solely for illustrative purposes. It is not intended to and does not establish a business, contractual or employment relationship between us.

The information provided on the Website is for information purposes only. We do not guarantee the accuracy, completeness, or relevance of the information available on the Website.

General operation and access configuration of the Website

We undertake to take all appropriate measures to maintain www.boogieevents-madagascar.comfully operational 24/7. However, we cannot guarantee continual and error-free operation of the Website.

We cannot be held liable for any unavailability, interruption, or malfunction of the Website, including failure of its Internet service provider, its host, intrusion of third parties or an event of force majeure.

We cannot be held liable for any inconvenience or damage arising from use of the Internet, such as the presence of computer viruses or spyware.

We may suspend access for maintenance and upgrading or for any other reason, including technical reasons. We may in no way be held liable for these interruptions and the consequences that might result for the user or any third party.

It should be noted that we may terminate or modify the characteristics of the Website at any time and without notice.

We are free at any time to refuse, terminate, or suspend your access to all or part of the Website or Activities, including for operational or maintenance reasons, to change, suspend, or remove the Website and terminate its publication on the Internet without you being able to claim any compensation.

As we offer online Activities, you require internet access and the necessary equipment (computer, software, etc.) to access it and download or upload the necessary digital data. You are in charge of all costs related to connection and Internet. We do not provide any material means, including telephone systems, terminal equipment, software or subscriptions, to connect to the Website.

The activities in Madagascar

The conception, elaboration, and generally realization of the Activities are carried out the local service providers selected by Boogie Events. In addition, Boogie Pilgrim, the affiliate of Boogie Events shall act as tour operator for the customers in Madagascar and shall be entrusted with the general organization of the trip.

Booking/Payment

You remain responsible for the information provided on the Website; you guarantee the accuracy and completeness of such information. In case of error on information provided, we cannot be liable.

You are able to either request for quotation or book directly on the Website.

The request for quotation is free of charge.

To book an Activity on our website, you declare, undertake and warrant the followings: – You are an individual – You are eighteen (18) or older or, if you are a minor, you are authorized by your legal representative – You are in good health and physical conditions to take part in such Activities – You provide accurate, verifiable, complete, and up to date personal information – Your email address must be personal and valid at the time of booking, and provided

You may request a quotation for customized Activities by: – Completing an online form – Reading and accepting our GTC

If our quotation is agreeable to you, add your selection of customized Activities to the virtual basket, accept our GTC and press on “Order”.

In the case you want to purchase Activities proposed on the Website, you have to select the Activities, the number of participants, any options relatedthereto, the dateon which you intend to take part to such Activities. Once the Activities are selected:

i) you add them to the virtual basket; ii) you accept our GTC; and iii) you click on the button “Order”.

Before confirming the order, you are able to check, correct or modify the details of yourorder. The order will also display the total payable for your order.

A contract will exist between us when you acknowledge and accept the GTC by ticking the box “I accept”, and the payment of the order has been confirmed. You will then automatically receive a confirmation/invoice detailing your booking. If you think anything is incorrect please contact us straight away. All correspondence will be with the person named on the confirmation invoice who accepts the following conditions on behalf of all participants.

You will be asked to provide a credit card at the time of the Booking to secure your reservation. Where a payment is required in advance; by Booking you are authorizing the debiting of the card provided.

We accept the following methods of payment: Credit Cards: American Express, MasterCard, Diners club/Discovery.

The Website is provided with a secured payment on line system that encrypts all of your banking data. The security of your banking data is ensured.

Prices & VAT

Prices for activities can be viewed on the current price list (online). All prices are listed in Euro currency and per person. No VAT applicable. Order(s) shall be paid in Euros.

Payment Terms

Full payment must be made to Boogie Events (and received by us) at the time of making a booking/submitting a booking request in order to secure your place on the Activity, unless otherwise agreed in writing by Boogie Events.

Minimum Number of Participants

A minimum number of participants is required for certain activities.  Boogie Events rely on your good faith and book the activity with the provider when your order is confirmed, even if your group is not entirely arranged when you order. However, if the required number of participants is not attained before the activity, Boogie Events reserves the right to cancel the activity for all participants who will be refunded less a 4% penalty fee corresponding to the bank fees. This provision is combinable with the provision below “Cancellation by you”.

Cancellation or amendments to bookings by Boogie Events

We reserve the right to cancel the order related to Activities in the event you do not provide a medical certificate attesting the ability to perform the Activities requiring the medical certificate.

Sliding Scale Pricing

For specific activities, prices on a sliding scale shall be applicable whenever the number of participants indicated on the booking form matches with the actual turnout of participants to the said activities. If the number of participants actually taking part to activities does not tally with the number indicated on the booking form, Boogie Events will apply the standard pricing category suitable to the actual turnout of participants. After payment has been made, Boogie Events may charge a surplus if the number of participants set to attract the sliding pricing scale is not actually reached.

Availability of the Activities and variation to the programmed Activities

Our Activities are subject to availability at the time of your booking on the Website.

Activities shall be performed only on the season period indicated on the describing sheet of Activities, posted on the Website.

After your arrival, if you do not participate to the Activities for any reason whatsoever you will not be reimbursed.

Almost all of our Activities are weather dependent. You are aware that the weather can be unpredictable and Activities can be cancelled due to such as but not limited very high winds, lighting and or thunderstorms as to ensure your safety. In case of cancellation due to bad weather we will reschedule the Activities or will propose substitute alternative Activities of the same standard during your stay at no extra charge. No refund will be given. Therefore, you are strongly advised to choose your travel dates accordingly to the necessary meteorological conditions to fully enjoy your activity.

Cancellation by you

Subject to availability, a booking may be changed to a different date or canceled at least 1,5 months before your arrival date. If you wish to change or cancel your booking less than 1,5 months before your arrival date, the following charges will apply:

All cancellations or amendments to bookings must be made by email

Days before commencement of the activity*: Penalty based on price quoted to the client for the changed/cancelled activity:
45-20 days 30%
19-10days 50%
09-02days 75%
1day 100%

You are entitled to request a reschedule of the Activities in case of injury occurring after the issuance of order. Youhave to send a request of reschedule of Activities by an email to Boogie Events email address: contact@boogieevents-madagascar.com with relevant medical file substantiated the injury, for our examination.

Should we grant the reschedule of Activities, the Activities will be rearranged taking into consideration the timetable availability.

*Specific case of cruises: For sea cruises, 30% deposit is not refundable. Remaining 70% are refundable for a cancellation respecting the notice of 45 days prior to the beginning of the cruise.

Injuries

You must report any injury immediately to a member of Boogie Pilgrim’sstaff. Details of your injury will be annotated in our accident book.

Safety Regulations

Outdoor activities take place in varied natural environments where there are natural hazards and risks to manage. Every effort will be made by Boogie Pilgrim and/or the service provider to provide the training in a safe manner. You agree to comply with all safety guidance and instructions given. Boogie Pilgrim and/or the Service Provider shall be entitled to prevent any person from participating in or completing an activity if it deems the behaviour of any participant unsuitable.

Physical Effort

All of our activities involve physical effort, which at times may be more than you are used to. This may involve stamina or physical strength. If you have medical conditions or injures, past or present, which may make some activities ill-advised you should make us aware of them. Rest assured however, that we can accommodate almost anyone provided we know about the condition.

Personnel Property

Your personal property, including baggage, is your own responsibility at all times, unless any loss or damage is due to the negligence of Boogie Pilgrim or the Service Provider. Please note that an adventure holiday in Madagascar is not an ideal place to bring mobile phones, expensive watches, jewellery or other precious items which may also not be covered by our insurance or Boogie Pilgrim’s insurance cover. Please ensure you have adequate insurance for any personal belongings you are bringing on your holiday.

Insurance

To undertake outdoor activities each participant must be covered by adequate insurance for the duration and type of activity undertaken. The insurance must include cover for cancellation and curtailment, medical and emergency expenses (including evacuation by helicopter), personal accident, injury and death. In the event of emergency medical rescue and/or evacuation during an activity, by whatever means, the responsibility of such costs will be borne by the participant. It is therefore essential that adequate cover is in place.

Photography

We regularly take photographs and videos for promotional and training purposes. If you do not want any member of your family to appear in these, you must write to Boogie Events Customer Service or inform Boogie Pilgrims’ staff on arrival in Madagascar.

Validity of the terms and conditions

If one or more provisions of the GTC are or become invalid in whole or in part, the remaining provisions will not be affected in any way. Both contracting parties undertake to implement, if necessary, a new provision that, from an economic point of view, resembles the invalid provision as closely as possible.

Governing Law

These terms and conditions shall be governed, interpreted and construed in accordance with the laws of the Republic of Mauritius.

Disclaimer Notice

All our activities are physical and demanding sports, which obviously have inherent hazards associated with them. Whilst Boogie Events and Boogie Pilgrim take all necessary precautions to try and ensure the safety of all participants, unfortunately accidents may occur in consequence. Each participant should familiarize themselves with the hazards and try to minimize these as much as possible by complying with the instructions of the Service Provider and/or Boogie Pilgrim.

Boogie Events accepts no responsibility whatsoever for any loss or injury resulting from any persons’ involvement in activities. Furthermore, it is understood and agreed that individuals participate at their own risk.

Boogie Pilgrim and Supplier are not liable for: – forgotten personal belongings or loss or damage – theft or damage to your personal belongings in hotels – damaging consequences of an event of force majeure (weather, natural disasters, political problems, strikes) – damage caused by other passengers or travellers – consequences of delays, impediments, or cancellation of flights and/or hotel booking – consequences of schedule or airport changes – consequences of delays or impediments due to land transport – consequences of delays, impediments, or cancellation of trains – your non-compliance with schedules

Force Majeure

For the purposes of these terms and conditions, a Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, without limitation, the following:

a) strikes, lock-outs, boycott or other industrial action (whether involving our workforce or any other party); b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; c) act of God(including, without limitation, fire, tempest, storm, flood, earthquake, subsidence, epidemic, or other natural disaster); d) failure in the provision of any utility, including power, gas, water, or communication services; e) malicious damage or sabotage; f) compliance with any law or governmental order, rule, regulation, sanction, embargo or direction; g) breakdown, cancellation or failure of machinery or transportation (including, without limitation railways, shipping, aircraft, motor transport or other means of public or private transport); or h) default of suppliers or subcontractors.

We and Boogie Pilgrim will not be liable to you as a result of any delay or failure to perform our obligations under these terms and conditions as a result of a Force Majeure Event. If the Force Majeure Event prevents us from commencing or completing the activity as planned we shall, without limiting our other rights or remedies, in the sole discretion of the activity leader either

(i) seek an alternative means of meeting the activity objectives in the time available, provided the event/activity leader determines that it is reasonable and safe to do so (including, without limitation, achieving the objectives of the activity at a different location or by following a different itinerary or route); or (ii) cancel the activity immediately.

Arbitration

All disputes under the present terms and conditions shall be submitted to arbitration.

Arbitration shall be in accordance with the Rules of the Permanent Court of Arbitration of the Mauritius Chamber of Commerce and industry. The arbitration proceedings shall be conducted in the English Language. The number of arbitrator shall be one. The award rendered by the Arbitrator shall be final and binding upon the Parties concerned and may be enforced in any court of competent jurisdiction. The place of arbitration shall be Maurice.