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ER SAFARI COVER TERMS AND
CONDITIONS
1.
DEFINITIONS:In these Terms and Conditions, the words and
expressions, which follow, have the meanings ascribed to them. The
use of the masculine gender includes all genders.
ACCIDENT: - Any single unexpected external event, not
being deliberately self-induced, occurring to a Passenger while
travelling, which immediately gives rise to a serious medical
condition that did not previously exist and which requires
hospitalisation to stabilise. CONTACT PERSON: -
Is that individual nominated by the Company who will receive
information about its tourist and communicate to AAR all matters
relating to this memorandum. EMERGENCY: - A situation
in which a tourist/traveller requires immediate hospitalisation
and treatment to prevent a medical condition that arises from
Accident, injury or sudden illness from threatening the long term
health of the Traveller. RESCUE: -The transportation of
Passenger who has a serious medical Emergency from the scene of
the Emergency to the nearest suitable hospital where stabilisation
and management of the condition can be provided. REASONABLE
AND CUSTOMARY - Those services, costs or charges which do not
exceed the general level provided or charged in the locality where
the service, costs or charge is provided or incurred, when
furnishing comparable treatment, services or supplies to
individuals of the same sex and of similar age and income, for a
similar injury
II. GENERAL CONDITIONS This memorandum shall only
cover those tourists/travellers and Crew nominated and details
submitted to AAR by the Company, while on the specified routes
provided to AAR for the time and duration of stay. Contractual
Relationship: This Contract is between AAR and the Company and does
not create any contractual relationship between AAR and
Traveller/Tourist. Fraud: In the event of fraud or intentional
exaggeration or omission or concealment by the Company on
information regarding a Traveller/tourist of or if any false
declaration or statement is made by the Company, AAR may decline to
provide any services without prejudice to any other rights or
remedies available to AAR. Death: AAR does not participate in the
movement of mortal remains.
III.TERMS AND
CONDITIONS These Terms and Conditions describe the services
available to the Company clients and the Company agrees to be bound
by them. AAR or its representative in the local jurisdiction, as the
case maybe, shall provide the agreed services from the memorandum
date subject to these Terms and Conditions. The Company shall ensure
AAR receives detailed Tourist Information immediately through AAR
web-enabled Tourist Cover software, upon verification and
confirmation by the Company of the detail therein. AAR shall hold
the Company responsible for the material received. AAR shall, on
being notified of an Emergency-requiring rescue, arrange for an
aircraft or ground ambulance to leave such place as AAR may select,
to undertake the Rescue of the tourist/traveller. Whenever it deems
necessary, AAR shall endeavour to ensure that a qualified doctor and
nurse is on board the aircraft or ground ambulance undertaking the
Rescue. However at all time, AAR shall endeavour to ensure a
paramedic is on board the ambulance undertaking the rescue.
Depending on the severity of the injury or illness a tourist may be
flown either as Passenger on a commercial airliner, or on a
chartered aircraft. AAR will base this decision on the medical and
logistical circumstances of the case. The aircraft captain
undertaking an air Rescue shall have sole discretion to decide how
it shall be undertaken. AAR will not be liable for injury or loss
suffered by the patient as a result of this decision.
AAR
shall endeavour to transport an ill or injured patient directly to
destination to enable him/her receive medical attention at a
suitable hospital .If for any reason beyond the control of AAR or in
the opinion of a doctor or the aircraft captain, the condition of
the ill or injured person is such that it is necessary to terminate
the flight or depart from the flight schedule or change the airfield
of destination, AAR and the Company shall be deemed to have
authorised such termination, departure or change as the case may be
without thereby incurring any liability. AAR will only undertake
a Rescue where the tourist is seriously injured or ill, and requires
immediate hospitalisation. AAR may charge back and recover from the
Company the full cost of the Rescue in circumstances where AAR would
not have judged such Rescue necessary had it been correctly
appraised of the medical condition of the tourist/s prior to such
Rescue. Whether a particular medical case falls into any particular
category will depend upon the circumstances of the case, and the
decision of AAR is final.
AAR shall not be liable for any
injury or loss suffered by a tourist/s if the Rescue is delayed,
hindered or prevented by any circumstances whatsoever beyond its
control including, but not limited to, acts of war, civil commotion
or strife, lock-outs, stoppages or restraint of labour from whatever
cause whether partial or general, government interference or
restrictions, fire, flood, acts of God, compliance with
international, national or local civil aviation regulations or any
other regulations having the force of law, adverse weather
conditions or the immobilisation of aircraft or ground ambulance for
any reason whatsoever, or breakdown in or failure of communications
for any reason.
AAR shall not be liable for any injury or
loss sustained by a tourist in the course of AAR undertaking a
rescue save as provided by the carriage by Air act (Kenya Act No.2
of 1993) or the relevant carriage by Air legislation in the local
jurisdiction. AAR will not provide any further services for the
condition requiring hospitalisation to the tourist once the rescue
has been undertaken and the tourist admitted to a suitable medical
facility. AAR shall however make every effort to ensure that the
tourist information is relayed to the right people including the
Company and home Embassies. If so required and at AAR expense, the
Company shall take or cause to be taken all action necessary to
enforce any rights of recovery, indemnity or subrogation to which
AAR may be entitled against other persons, organisations or
insurance upon its having provided any benefits here under. Further
more the Company must inform AAR in advance of his taking any legal
action against a third party as a result for any incident which has
given rise to liability incurred by AAR.
The relationship
between AAR and your Company and these Terms and Conditions are
governed by the Laws of Kenya. Subject to the provisions of Clause 6
of the Courts of Kenya shall otherwise have exclusive jurisdiction
in any dispute arising between AAR and the Company. Membership
benefits only become effective from the membership date,
notwithstanding that AAR may have received fees pending
consideration of the application. In no circumstances shall
membership commence or be renewed until payment of the applicable
membership fee has been deposited to KATO and a receipt issued.
signed by you and AAR.
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