ER SAFARI 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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