1. DEFINITIONS
In these Standard Terms and Conditions, the following expressions shall have the meanings set out below:
(a) “DGFC” shall mean the Danau Girang Field Centre
(b) “Visitor” shall mean the person who has signed the Application Form and received written confirmation that they have been accepted at DGFC
(c) “Attachment” shall mean the time spent at DGFC at which the Visitor has been accepted to travel and participate;
(d) “Project Leaders” shall mean the Leaders of the Attachment appointed by DGFC and who represent DGFC during the duration of the Attachment;
(e) “Payment” shall mean the total sum payable by the Visitor to participate as a Visitor at DGFC as specified.
2. ACKNOWLEDGEMENT OF NATURE OF ATTACHMENT
(a) The Visitor acknowledges and accepts that the Attachment is designed to be primarily of scientific and educational benefit to the host country and do not have clearly defined timetables, itineraries and arrangements. Flexibility of timetables, itineraries and arrangements should not only be anticipated but expected. In agreeing to join and participate in the Attachment, the Visitor agrees to accept this flexibility and to be prepared for variation which may arise with little or no prior notice and acknowledges the right of DGFC to make alterations and variations.
(b) The Visitor hereby acknowledges and accepts that there is a significant element of personal risk and potential hazard involved in undertaking an Attachment of the nature organised by DGFC and whilst DGFC aims to safeguard the Visitor's safety, it cannot be held responsible for damage or injury caused by risks of hazards beyond its control. An indemnity agreement form will need to be signed before you arrive in DGFC.
3. FORCE MAJEURE
DGFC will incur no liability for any loss which a Visitor may suffer through cancellation or variation of an Attachment or a flight or flights due to fire, natural catastrophes (i.e flooding, pandemic), war, riot or civil commotion, strikes, quarantine, government or other official intervention or due to any reason whatsoever outside the control of DGFC. Visitors will be required to read and sign a Hazards Awareness form after safety training once they arrive in the field centre.
4. PAYMENT
(a) The deposit fee shall be paid to DGFC, to be returned or refunded if the Visitor is not accepted by DGFC.
(b) The Visitor agrees to pay the balance of the Payment by the dates specified in the application pack.
(c) Failure to pay the Deposit and/or the balance of the Payment by the due date(s) entitles DGFC to cancel the participation of the Visitor.
(d) After the commencement of the Attachment there can be no refund of the Payment or of any sums paid for services provided during the Attachment but not included in the Payment.
5. CANCELLATION BY VISITOR
Cancellation of a booking must be in writing. The date of cancellation for the purposes of the cancellation provisions below shall be the date of the receipt of the letter. Refunds of the Attachment fee will be made as specified in the application pack.
6. CANCELLATION BY DGFC
(a) DGFC reserves the right to cancel the Attachment and agrees to inform the Visitor in writing to the address supplied on the Application Form. If such cancellation is due to circumstances totally within the control of DGFC, DGFC agrees to refund the Visitor all monies already paid by the Visitor towards his/her payment only, and the Visitor agrees to accept such refund as being in full and final settlement of all and any of DGFC’s liability to the Visitor.
(b) The Visitor acknowledges that certain medical and/or mental health conditions as declared by the Visitor on all medical forms submitted to DGFC by the Visitor may be contra-indicatory to safe participation at DGFC by the Visitor, and DGFC reserves the right to refuse or cancel his/her Attachment based upon medical advice. If DGFC cancels a Student’s/Volunteer’s Course based upon medical advice received by the DGFC Medical Advisor(s), DGFC agrees to refund all monies paid by the Visitor towards his/her Payment only and the Visitor agrees to accept such refund as being in full and final settlement of all and any of DGFC’s liability to the Visitor.
(c) Once the Attachment has commenced, if the Visitor is found to have a pre-existing medical condition not declared on the submitted medical form, which is deemed by the Leader(s) to pose a risk to the Visitor, and/or the running of the Attachment and its remit, DGFC reserves the right to suspend the Visitor’s participation in the Attachment and if necessary asked to leave. There will be no payment, or any part of, refunded in this instance.
7. BEHAVIOUR ON ATTACHMENT
(a) The Visitor acknowledges that the duration of the Attachment aims to obtain useful information to assist the preservation of the natural environment under observation during the Attachment, and that therefore he/she expected to work under the supervision of the Project Leaders in a conscientious manner in order to assist in the compilation of this information.
(b) The Visitor agrees to abide by the authority of the Project Leaders and to follow all of their reasonable instructions.
(c) If the Visitor commits any illegal act during the Attachment at DGFC or if in the opinion of the Project Leaders the Visitor's behaviour is detrimental to the aims of DGFC or the safety or welfare of the other Visitors, he/she may require the Visitor to leave the DGFC within 24 hours’ notice and no liability on the part of DGFC shall arise whatsoever. No refunds will be given in this situation.
(d) If the Visitor damages, destroys or loses any item of equipment owned by DGFC the Visitor will be held liable for any costs not recovered through DGFC’s insurance.
8. COMPLIANCE WITH LEGAL REQUIREMENTS
The Visitor will comply with all legislation, visa, immigration, customs and foreign exchange regulations of the countries visited through the duration of the Attachment and travel within Sabah and Malaysia. In the event of a contravention by a Visitor of the laws of Malaysia, the Leaders shall have the right to require the Visitor to leave DGFC and no liability on the part of DGFC shall arise whatsoever.
9. COMPLAINTS
If a Visitor wishes to make a complaint and/or claim in relation to DGFC, the Visitor agrees to abide by the following procedure. (a) The Visitor will ensure that the matter has first been brought to the attention of the Project Leaders at the field centre, who will seek to resolve the claim. The Visitor will give DGFC a reasonable time within which to resolve the claim before proceeding further. (b) If due to an unresolved serious complaint the Visitor decides to leave DGFC before its completion the Visitor agrees to provide written evidence of the extent of the complaint to the Project Leaders before departure from the field centre. (c) In the event of a claim for compensation the Visitor agrees to lodge such a claim with the Project Leaders before the attachment's scheduled completion date and to provide written evidence of the extent of the complaint to the Project Leaders. (d) The Visitor agrees that under no circumstances shall DGFC be liable for damages or compensation arising from that part of any claim related to the individual’s assessment of inconvenience, discomfort, disappointment or loss of enjoyment.
10. INSURANCE
(a) The Visitor agrees to affect personal travel and medical insurance and agrees to be responsible for ensuring that such insurance cover fully meets their personal requirements and the minimum requirements as specified by DGFC.
(b) The Visitor acknowledges the importance of insurance provision in respect of their spouse, dependent children and/or relatives and accepts responsibility for assessing their own personal circumstances and arranging additional insurance cover that they personally deem to be necessary.
(c) The Visitor further agrees to ensure that their insurers are aware of the type of travel and work to be undertaken during the Attachment and accepts the insurance proposal upon such basis.
(d) The Visitor acknowledges and accepts that there is a significant element of personal risk and potential hazard involved in the use of watercraft during the Attachment and accepts that should they be placed in charge of a watercraft during the attachment they do so voluntarily and entirely at their own discretion. Furthermore, the Visitor agrees to waive all rights of action against DGFC and the Project Leaders thereof in the event of death and/or personal injury and/or property damage caused to them or by them and arising out of the use of watercraft and agrees to indemnify DGFC and the Leaders thereof in relation to any claim which may be made against them arising out of any act or omission by the Visitor.
11. WAIVER
No person save with the express authority in writing of two or more administrators of DGFC has authority or is empowered to waive or vary any of these conditions.
12. INFORMATION
All the information contained in any information published by DGFC relating to the Attachment is as far as DGFC is aware true and accurate at the time of writing. If any material alterations have to be made or in DGFC’s view need to be made before departure in order to maintain the quality of the Attachment, the Visitor will be informed.
13. PASSPORT, VISAS, VACCINATIONS, ETC.
The Visitor must be in possession of a valid passport and all visas, permits and certificates required for the entire duration of the Attachment and must also arrange to obtain whatever vaccinations are normally recommended for the countries through which the Attachment is scheduled to travel. Any information given by DGFC about healthcare, vaccinations, visas, climate, clothing, baggage, special equipment and other matters is given in good faith, but without responsibility on the part of DGFC.
14. INTELLECTUAL PROPERTY
(a) All scientific data collected during the Attachment remains the property of DGFC and may be analysed, published and otherwise distributed by DGFC with no prior consultation with the Visitor. DGFC agrees to acknowledge the contribution by the Visitor in the collection of scientific data and subsequent analysis if appropriate.
(b) The Visitor agrees to provide DGFC with copies of photos, reports, articles or other written material arising from the Attachment and produced by them. No information, reports or other materials whether written or photographic may be published or otherwise distributed, including on Facebook and other social networks, without prior consultation with and consent of DGFC. The Visitor shall retain intellectual copyright over any report or article written by them but must acknowledge the role of DGFC in producing such material.
(c) Photographing animal handling procedures must be agreed with, and approved by, the project leader and/or DGFC’s director previously; these pictures cannot be posted in social media or any other public platform, unless it is through DGFC’s official channels.
15. DEFAMATION
The Visitor agrees not to defame the Project Leaders or any other members of DGFC by any means, whether in print or verbally.