INDIVIDUAL COVER TERMS AND CONDITIONS


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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