Unit File

                                                               INDEMNITY FORM

I, the undersigned, hereby acknowledge that I/we are entering an area under the jurisdiction of South African National Parks (SANParks) where I/we could be subject to man-made, natural elements or the contraction of viruses or diseases and where dangerous animals could be a risk.  I understand and appreciate fully the risks involved.

Kraalbaai Lifestyle House Boats, SANParks, its board, directors, employees, and agents are not liable for any illness, loss, discomfort, or damage:

• To the property or possessions of any guest or resident (or accompanying minor) whether such damage or loss is caused by the negligent act or omission by Kraalbaai Lifestyle House Boats, SANParks, and/or by the defective functioning of any apparatus.

• Arising from death illness or any bodily injuries of whatsoever nature sustained by a guest or resident (or accompanying minor) whether such illness or injuries are caused by the negligent act or omission by Kraalbaai Lifestyle House Boats and SANParks, and/or by the defective functioning of any apparatus.

• To the property or possessions of any guest or resident (or accompanying minor) whether the damage or loss is caused by the negligent act by another guest/resident or an outside party.

• Arising from death, illness or any bodily injuries of whatsoever nature sustained by a guest or resident (or accompanying minor) whether such illness death or injuries are caused by the negligent act of another guest/resident or an outside party. I hereby acknowledge the risks involved in water sports and indemnify Kraalbaai Lifestyle House Boats, SANParks, its board, directors, employees, and agents.

• I may be exposed to hazardous activity, including some of the following: unpredictable currents, drowning, death, falls, fractures, concussions, dangerous weather, overexertion, injuries from my lack of fitness or conditioning, equipment failure, or my failure to wear appropriate protective gear.

• I indemnify Kraalbaai Lifestyle House Boats and SANParks from all medical expenses that may arise from illness death, discomfort or injury and will pay for this by myself.

• I agree to follow instructions given by the leaders of the activity, including wearing a floatation device   while on the water.

All non or incompetent swimmers are only allowed on board the houseboats on the basis that they wear life jackets at all times. Parents or guardians undertake to provide children’s life jackets and are aware that we do not supply these. Stairways are steeper and protective railings are not as adequate as those of normal buildings. Small children should preferably not go upstairs without constant diligent parental care and should also be diligently cared for at all times by the parents/guardians.

As we are off the grid, you could likely run out of gas, water and/or electricity. Please inform your skipper on duty if any of the above happens.  The more we use, the less we have. I hereby understand the possibilities and will inform my skipper in the event any of the above arises, I understand that this can happen and that I will not be eligible for any compensation or refund from Kraalbaai Lifestyle House Boats and or SANParks, in the event of no water, no power and/or no gas, and/or by the defective functioning of any apparatus.

I hereby agree to adhere to instructions issued to me/us by Kraalbaai Lifestyle House Boats and SANParks. The guest or resident and/or his/her/their estate hereby indemnifies Kraalbaai Lifestyle House Boats and SANParks against any claims, action, judgment, costs and/or expenses which may be made against Kraalbaai Lifestyle House Boats and SANParks and that may in any way be related to the above.

SANParks and its affiliates reserves the right to conduct random searches of any boats, incoming and departing vehicles within the boundaries of the West Coast National Park.

STANDARD OPERATING PROCEDURES FOR THE KRAALBAAI LIFESTYLE HOUSEBOATS AT LANGEBAAN.

PRIOR TO GUESTS BOARDING THE HOUSEBOATS, VARIOUS ITEMS ARE BROUGHT TO THEIR ATTENTION.

1.        In the KLHB’s and SANParks RESERVATION/QUOTATION documents that are sent to guests, they are notified that:

a.        All guests will be required to sign a very comprehensive indemnity document prior to boarding.

b.        All non, and/or incompetent swimmers, are only allowed on board on the basis that they wear life-jackets at all times. Children’s life-jackets are to be provided by their parents or guardians.

c.         Day visitors are required to bring their own life jackets.

d.        On Nirvana and Eve, stairways are steeper and, on all houseboats, protective railings are not as adequate as those of normal buildings.

e.        All guests must adhere to rules and regulations of the West Coast National Park. Sea Fisheries permits are available at all post offices and are required for fishing.

f.         All boats, and people skippering same, must conform to local and SAMSA requirements.

g.        Our crew stay on shore and are on call for all operating duties and various necessities as well as our guests waterborne transport needs, during reasonable hours. They are not to do domestic duties. Guests can call them for emergencies, at all times by phoning them on their cells or by radio. They will also respond to the alarm.

2.        Once a booking is made, “ARRIVAL DETAILS AND DIRECTIONS” are sent to the party that made the reservations. They must forward these to all their guests. These include:

a.        Directions to the West Coast National Park on the R27 from Cape Town and from the Airport, and the gate hours.

b.         The cell numbers of the staff that will be on duty during their stay as well as the management cell number.

c.         A reminder of the condition re 1.b above - life jackets for children and non-competent swimmers.

d.        A reminder that guests will have to sign a waiver/indemnity form prior to boarding.

e.        They are also advised that two people in their party must assume responsibility as the “People in charge”, for the duration of their stay.

f.         They are given the cell numbers of our staff and requested to phone them on arrival at Kraalbaai. Our staff introduce themselves and help carry the guest’s belongings to the floating platform. Our staff then make sure the guests park their vehicles in the right place before boarding the houseboats.

3.        Once the guests are ON THE JETTY:

a.        Our staff make absolutely sure that NOBODY boards the tenders without signing the waiver/indemnity form.

b.        There is a large bag of life jackets in each tender. Guests are asked whether they want a life jacket.

c.         Our staff limits the “load” and number of passengers ferried to each tender.

d.        Both leaders of two shifts have Skippers Certificates and have a minimum of 6 years’ experience. All staff members are competent boatmen.

e.        The tenders deliver the guests to the appropriate houseboat and are helped on board, safely.

4.        GENERAL for the houseboats

a.        In all of the houseboats, prominently displayed are signs, notices and instructions that guests are required to adhere to. There is also a list of emergency services in Langebaan including police, hospital, ambulance and NSRI.

b.        Under no circumstances are life jackets to be used for recreational swimming. Similarly, other safety equipment on board is not to be played or tampered with. Guests not adhering to instruction will be required to leave immediately, as such behaviour will not be tolerated, in the interest of the safety of all. Similarly, the emergency siren is not a toy. IT IS ONLY FOR EXTREME EMERGENCIES. It is designed for the safety of guests in need and must only be used for this reason only. A fine of R1000.00 will be imposed for tampering with fire extinguishers, swimming with life jackets and unnecessary use of the fire siren.

c.         If anything goes wrong or needs attention, PHONE THE STAFF for assistance. Guests MUST NOT attempt to “fix” things, themselves.

d.        No person may operate a vessel or vessels equipment whilst under the influence of alcohol or drugs. (Maximum of 0, 05 gram/100ml alcohol in blood or 0, 24mg/ 1000ml alcohol in breath) No person may refuse that a specimen of blood or breath be taken. No person may operate a vessel if he/she is not physically able to do so and/or of sound mental health.

e.        No Guest is allowed to dive into the lagoon from the houseboats, due to varying depth of the water around the houseboats.

5.        ON BOARDING the houseboats: Our staff member/s explains the relevant operational and safety/procedures to the “Responsible People in charge” who are then required to sign acknowledgement of understanding and acceptance of the S.O.P and explanations. They are also required to pass these instructions on to their fellow guests/friends.

ON THE LOWER DECK of the houseboats:

a.        He points out the position of the fire extinguisher and explains the use and operation thereof.

b.        He points out the gas geyser and tells people NOT to alter the settings!!

c.         He points out the gas bottle and gas shut-off valve which closes all gas supply to the lower deck.

d.        He emphasises the position of the emergency button which activated the siren and strobe light in case of emergencies.

e.        He shows the guests the whereabouts of the first aid kit.

f.         He then demonstrates how to light the stove and oven.

g.        He points out the fire blanket and explains its use.

h.        He tells the guests to make sure the fridge door is closed properly.

i.          He informs guests to only use biodegradable washing liquid provided.

j.          He then points out where the life jackets are kept and emphasis's that they are not to be used for recreational purposes/swimming. He demonstrates the correct way to put them on.

k.        The Guest will be given the on-duty skippers mobile number and a 2-way radio for communication.

6.        On EVE AND SERENITY (not relevant to the Larus, Eden and Nirvana guests, as these items are not available on them)

a.        He tells all guests that they may not, under any circumstance, light a fire in the lounge fireplace without calling him or his partner. They will light the fire and explain the operation thereof.

7.        On the NIRVANA’S UPPER DECK (also not relevant to the Larus & Serenity)

a.        He points out the position of the 2 fire extinguishers.

b.        He then demonstrates how to light the stove and oven.

c.         He points out the fire blanket and explains its use.

d.        He shows them the fridge and repeats that only the black light switches work.

e.        He shows them the gas cut off valve, in the cupboard above the fridge which shuts off all gas supply to the upper deck.

8.        On the houseboats, IF THERE IS A FIRE- DON’T PANIC. STAY CALM and do the following:

We recommend that one of the “PEOPLE IN CHARGE” delegate the following duties to his friends/guests.

a.        One guest phones our staff member and activates the alarm button.

b.        Another guest phones the other staff member.

c.         Another guest stands by with fire extinguishers for use, if necessary.

d.        The person delegated by one of the “people in charge” decides whether to use the fire extinguisher, the fire blanket or water, depending on the type of fire and pending the arrival of our staff.

e.        In an orderly, calm appropriate manner, attempt to put the fire out.

f.         Should there be any possibility that the fire may become dangerous, guests must collect their life jackets and assemble UP-WIND of the smoke in an orderly, controlled manner. The staff will transfer guests from this position to the jetty for their safety. If the fire is severe and guests need to be evacuated urgently, they will be ferried to other close by houseboats pro tem, and later to the jetty.

g.        GENERAL NOTE: Do not discharge the fire extinguisher close to cooking oil that is burning as it may spread the burning oil. Do not use water on an “Electrical fire.” You may electrocute yourself.

9.        Damage to Houseboat Property

We reserve the right to charge individual guests or lead guests for the cost of rectifying damage which has been caused by the deliberate, negligent or reckless acts of guests to the Houseboat property or structure. If such damage is discovered during the stay it will be drawn to the guest’s attention but if discovered after the guest’s departure, then we reserve the right claim for the cost in rectifying such damage or loss.

Our signatures hereunder confirm acceptance of our nomination as the two designated “RESPONSIBLE PEOPLE IN CHARGE” during the groups stay on the houseboats. We also confirm that Kraalbaai Lifestyle Houseboats staff member has diligently explained and demonstrated all of the above procedures, and that we will undertake to inform our colleagues, friends, guests and all other people on board during the group’s stay.