Acceptance of this ticket by the passenger confirms that he/she accepts the conditions on the front and reverse hereof.
I hereby agree with Namib Sky Balloon Safaris Pty (Holder of a Non Scheduled Air service licence # 29 and Air Operating Certificate #NCAA/AOC/024/2013 issued by the Namibian Civil Aviation Authority, Namib Sky complies with all international legal and operational requirements) (the Operator) that when I shall be conveyed in the Operator’s vehicles and aircraft, or vehicles and aircraft facilitated by the Operator, and sustain loss or damage to my property or due to bodily harm or injury or due to my death, that I waive and abandon any claim which may arise out of such conveyance, whether or not caused by negligence of the Operators, its members, servants or directors or its subcontractors and their servants, members and directors negligence, and such waiver and abandonment being binding on my successors in law where applicable.
I further indemnify the Operator, its members, servants or directors or its subcontractors and their servants, members or directors against any claim which may be instituted by any third party for any loss or damages in the nature and arising from the causes as described in the clause above, and undertake to defend the Operator against any such claim and hold myself responsible for any damages awarded in such event, including costs. Notwithstanding the above, any claim which I may have or acquire against the Operator, its servants, members, directors or agents and subcontractors and their servants, members or directors, shall in any event be limited to N$300,000.00 per incident.
I further indemnify the Operator, its members, servants or directors and its subcontractors and their servants, members or directors against any claim which any child of mine or any third party may acquire against them or any one of them for such loss or damage to the extent that such claim may exceed N$300,000.00.
I agree that any claim arising out of the clauses above shall become prescribed after two years from the date on which the cause of action arose.
Where I am accompanied by any minor(s) I warrant that I am the parent or natural or legal guardian of such minor(s) and in such capacity agree on behalf of such minor(s) that any liability of the Operator, its members, servants or directors and its subcontractors and their servants, members or directors directly or indirectly caused by or arising from the reasons outlined above shall also be subject to the conditions agreed to above.
Any provision of this agreement that is held to be illegal or unenforceable may be severed and the remaining provisions hereof shall continue in force.
Any such claim or claims shall exclusively be subject to the jurisdiction of the Courts of Namibia and shall be governed by the laws of Namibia.
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the public health authorities still recommend practicing social distancing. I further acknowledge that Namib Sky Balloon Safaris Pty has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. I further acknowledge that Namib Sky Balloon Safaris cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, other clients and their families. I voluntarily seek services provided by Namib Sky Balloon Safaris and acknowledge that I may be increasing my risk to exposure to the Coronavirus/COVID-19 by doing so. I acknowledge that I must comply with all set company procedures to reduce the spread of COVID-19 while partaking in this activity.
By signing this release, I attest that:
I hereby release and agree to hold Namib Sky Balloon Safaris Pty harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of operator, or that may otherwise arise in any way in connection with any services received from Namib Sky Balloon Safaris Pty. I understand that this release discharges Namib Sky Balloon Safaris Pty from any liability or claim that I, my heirs, or any personal representatives may have against the operator with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Namib Sky Balloon Safaris Pty. This liability waiver and release extends to the operator together with all its owners, partners, and employees.
