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One of Us |
Can someone post a link or a brief summary of this "cow incident". I must have missed this whole thing somehow. I see the jokes from time to time but never read what actually happened | |||
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One of Us |
Blue Devil: Never thought I would thank a Dukie, but thank you. I do not care what someone pays for a hunt. It is there money and good for them. However, one party is saying they paid a trophy fee. One party is saying only daily rate was paid. Those who would know can give us information on whether 90k is too high to be just daily rate. According to Texas Blue Devil 90k for two people is high for that area. 70k (35k each) for both in daily rate for 14 days is right. Therefore, it becomes more likely than not a trophy fee was paid. TGDjr's info also supports trophy fee is part of the OP 90k price. Eveyone is free to make up there own mind about which side is telling the truth. | |||
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One of Us |
They paid for two conservancies boarding Bwabwata NP, buy they received one conservancy quite distance from Bwabwata. They paid for each to have a ribeye, but they received one hamburger instead. And Martin didn't inform them until they landed in Africa. That is not whining, that is just getting plain ole fucked!! You are just wrong this one. Go Duke!! | |||
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One of Us |
Like I said, you have no idea what was or was not included in the $45K, you just proved it. Let the two clients post their contract and related correspondence for all to dissect. They raised the issue, let's see some transparency. Outfitters should be making a list of clients on this thread to steer clear of . . . lots of aspiring whiners in wings. Mike | |||
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One of Us |
Transparency....how about Martin show what he paid Camelthorne?? And it does matter because the hunt was changed. Martin has even admitted that fact,....remember the "paperwork". He said he paid for one area, but received another. At that point the specs of the hunt changed. He can't keep the premium price for the premium location and fill the short with a lessor location. Go Duke!! | |||
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One of Us |
Tell you what let's let the group that threw this party step up on the transparency issue. Let them post copies of the contract, the related correspondence, the details of the booking, etc. and then we can invite Martin to do the same. It's their party, serve it up. Mike | |||
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One of Us |
A good solution for the future would be to escrow trophy fees on condition of game harvested for area booked. However, if a client agrees to the area change that is on him. Such agreement to change areas should be executed in writing. I do feel bad for these guys having the area changed on them, and only finding out when they get off the plane. They had 90k no matter how it was allotted already floating. Kind of hard for them to say ah naugh and climb back on a plane. Either way the communication was more than poor with the clients stating trophy fee was included, and Mr. Pieters stated position that only daily rates were paid. That is enough for me to say thank you to the OPs. Mr. Pieters has agreed communication was lacking. I do not think he should have anything stripped from him. I sure he does not care what I think, and I am fine with that. But bad communication is something any aspiring client would want, even need, to know about. That is what references are about. If the OPs had chose not to bring this to the forum that would be their business/choice. I would be clueless to it, and that would be fine. They choose not to. I do not see an issue with that. Everyone work about there own salvation in fear and trembling. | |||
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One of Us |
This thread is the best endorsement for getting a BUYERS booking agent if one is going to engage in high dollar international hunts. My hunting by my personal choices is becoming low dollar - I like hunting eland a lot more than buff or cats. Under $20k hunts I personally will take the risk anything over $20k I would call some experienced ar members and ask for a professional intro to their booking agent. Mike | |||
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One of Us |
I have to say that in the face of a public shaming the likes I have rarely seen, George continues to what, I don't know? Jeff | |||
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Administrator |
A few things still stand, without explanations. Why did Martin ask the clients to bring back up rifles, if he did not intend to be involved in the hunt as a backup? Did he actually ask for extra rifles to be brought in? If he did , that would have been a red flag right there, that there is something wrong somewhere. It would be nice to know what really had happened. | |||
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One of Us |
This is not the first screwing I heard of in Namibia in 2016. Not sure what that means if anything. | |||
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One of Us |
Mike, I have a question for you, and I don't mean it to be confrontational. I was thinking about your last post about posting the contract. Have you had proper contracts for all your hunts? I was thinking about my previous hunts. For all of my North American hunts I've had proper contracts. For my first few African hunts, I also had contracts. However on 3 of my last 5 African hunts, we only had an email summary (or string of 3 or 4 emails) of the hunt, but not really a proper contract. We had significant changes on a couple hunts after deposits were paid. I asked to move a BVC hunt up by a year, but nothing else changed. On a 2 elephant bull hunt (trophy & non-export), about 6 weeks before the hunt the PH asked to change the location for the non-export elephant (no changes on the trophy bull hunt). No harm in either case. All of my African hunts have went very well with no issues, unexpected costs or other surprises. To some degree, I think I have slowly become complacent. This thread has woken me up. Go Duke!! | |||
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One of Us |
I heard the drought made elephant hunting very difficult in 2016. I know that shouldn't matter but makes me wonder if it is all connected somehow. Go Duke!! | |||
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One of Us |
I cannot recall a hunt I have done without a contract. Some were short, some were not so short. That would cover all my North American hunts as well as the hunts in Africa, including the hunts with CMS. To CMS' credit, even though I had hunted with with them repeatedly and would have been completely comfortable going without a contract, Kirsty and Charmaine were always on top of getting the contract done for the file. Probably because they knew that except for George all of us were asshole clients. Mike | |||
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Administrator |
The only reason for a contract is for the lawyers to make money out of it. You have a problem with someone in Africa, and I am sure you will be paying a lawyer more than you get back. In fact, it would be interesting to hear of anyone here having recovered money in dispute from an African outfitter through legal means. | |||
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One of Us |
My bet is lonesome George has deleted it and the wonderful video with it by now. He did brag, howevever, that the posters here who criticized his screw up were just jealous of his skill. A Forrest Gump moment- stupid is as stupid does.... Vote Trump- Putin’s best friend… To quote a former AND CURRENT Trumpiteer - DUMP TRUMP | |||
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One of Us |
There you have it . . . no one should be doing contracts for safaris or international hunts with outfitters or agents. Great advice. My bet is the lawyers will make more money without contracts than they could have ever hoped for with contracts. Mike | |||
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One of Us |
+1 All my African hunting contracts are near impossible to enforce. One was written with Zim entity, another with Botswana entity and third with Burkina Faso entity. How does one enforce a contract in Zim or burkina ? Botswana maybe. Even if you wire your money to the African outfitters us bank account - will always be a community bank in us (no Zim entity will meet Know your client standard of majors banks) or offshore bank - you will not be able to enforce against it. All your hunting legal liabilities flow one way in African hunting. Outfitters enforcement of contracts mechanism is always reputational costs. Mike | |||
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One of Us |
After wading through page upon page of Shootacow's psychotic name calling ("asshole, idiot, scumbag, moron", etc.) I have deduced several things: 1) Martin made no attempt to tell his two clients that the areas they were booked to hunt were not available, even though he knew months in advance. Classic bait and switch; 2) If Martin truly asked his clients to bring guns for his use in Namibia, he would be practicing professional DG hunting in Namibia without a license, and would be subject to severe fines, if not jail time in Namibia; 3) Martin does not dispute the major issues the two hunters raised, but chooses to nitpick minor points; 4) Martin does not dispute that he failed to give the trophy fees to Camelthorn. At least he doesn't limit his screwing over to Americans; 5) Based on these deductions, I wouldn't trust Martin for any hunt, anywhere. His reputation after this fiasco should be lower than whale shit. Jesus saves, but Moses invests | |||
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Administrator |
The only company that insisted I sign a contract was an American company. TGT. Their contract was so one sided, there is no way in hell I would have signed it, if I was not hunting with a man I have complete trust in. If Alan was not involved, I would not have hunted with them. | |||
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One of Us |
Company might be American owned and funded. But was the legal entity you signed a contract with - was it a us entity ? And was the contract subject to governance by us contract law? Mike | |||
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One of Us |
I wouldn't hesitate for a minute to use Wendell but no it was Jeff Neal/Greg Brownlee. ______________________ DRSS ______________________ Hunt Reports 2015 His & Her Leopards with Derek Littleton of Luwire Safaris - http://forums.accuratereloadin...6321043/m/2971090112 2015 Trophy Bull Elephant with CMS http://forums.accuratereloadin...6321043/m/1651069012 DIY Brooks Range Sheep Hunt 2013 - http://forums.accuratereloadin...901038191#9901038191 Zambia June/July 2012 with Andrew Baldry - Royal Kafue http://forums.accuratereloadin...6321043/m/7971064771 Zambia Sept 2010- Muchinga Safaris http://forums.accuratereloadin...6321043/m/4211096141 Namibia Sept 2010 - ARUB Safaris http://forums.accuratereloadin...6321043/m/6781076141 | |||
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Administrator |
I think the agreement was with the American parent company, to protect themselves from the silly litigation which is so rampant in the US. | |||
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One of Us |
That would be me. Jeff reimbursed me $15k on a hunt that never happened and the operator ran off with the deposit. That is why I book with Jeff and Greg. | |||
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One of Us |
That is awesome!! They just moved up in my book. Go Duke!! | |||
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One of Us |
I've never had a hunt contract that I remember, but have had many hold harmless agreements presented upon arrival. These are adhesion contracts and if you redline them, they likely won't allow you to hunt. Luckily, I've never had a major problem. I've gone home empty handed many times. That's hunting. In this case, I do see a problem with the conduct of MP. I realize many things were out of his control, but disclosure would've helped as soon as he knew the problem. I meant to be DSC Member...bad typing skills. Marcus Cady DRSS | |||
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One of Us |
IMHO, the person that takes the money is the responsible party to deliver the goods as agreed to. I don' care if the money was given to someone else and they changed the rules. It is MP's duty to make it right. So many times folks sell their soul to keep the dollar. Remember Bushwack, anyone? Remember White's Gunsmithing? Cal _______________________________ Cal Pappas, Willow, Alaska www.CalPappas.com www.CalPappas.blogspot.com 1994 Zimbabwe 1997 Zimbabwe 1998 Zimbabwe 1999 Zimbabwe 1999 Namibia, Botswana, Zambia--vacation 2000 Australia 2002 South Africa 2003 South Africa 2003 Zimbabwe 2005 South Africa 2005 Zimbabwe 2006 Tanzania 2006 Zimbabwe--vacation 2007 Zimbabwe--vacation 2008 Zimbabwe 2012 Australia 2013 South Africa 2013 Zimbabwe 2013 Australia 2016 Zimbabwe 2017 Zimbabwe 2018 South Africa 2018 Zimbabwe--vacation 2019 South Africa 2019 Botswana 2019 Zimbabwe vacation 2021 South Africa 2021 South Africa (2nd hunt a month later) ______________________________ | |||
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One of Us |
I'm coming in late, have no dog in this fight; and don't really care about what verdict comes in on the trial by internet. The major point I get as a takeaway is to avoid the "special deals" made across national borders. Too many moving parts, and too many chances for regulations and red tape to get in the way. To top it off many PH's can be great at that part of the job, but not necessarily great businessmen. I'd have no problems going with outfitters going across countries if they had an established track record and ran an established camp there. For example RSA or Zim outits having operations in Moz. I'd also have no problem booking with an outfits using foreign PH's either, but I'd prefer they use local trackers. The one exception I might make would be an exploratory hunt where I'd be the guinea pig client when an outfit I trusted was expanding to another country. Caleb | |||
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One of Us |
If i booked an island holiday with a tour operator and landed up only being told on arrival that we are going to a different hotel on the other side of the same island i would be upset. I simply cant see how this is any different? Exploratory hunts or dramatic extenuating circumstance aside such things should not happen and if they do, they should certainly be communicated promptly with clarification as to why. | |||
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One of Us |
I would not go without a contract. If nothing else, it avoids misunderstandings. As far as the shoot-a cow incident, I seem to recall that Saeed somehow kept the video of the incident up even after George took it down. It might take some searching but I am sure it could be found. | |||
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One of Us |
+1 It is a written statement of expectations between client and outfitter/ph. Its enforceability is largely moot cause none of these african jurisdictions (zim for example) have any real legal systems. I think the right way to look at and structure high dollar price hunts - like $90K elephants hunts is how exxon invest in russia. When exxon invest in the russian artic it had its russian partner invest in US gom assets. Then it finds an international jurisdiction and has a contract written up. When the russians decide to screw with exxon as they will do, exxon goes and seizes the JV assets in the gom according to its contract. Exxon takes the oil commodity risk as asset may be worth more or less depending on oil price. For high dollar hunts the client and outfitter should always use a reputable booking agent. Booking agent holds daily rate and trophy fee proceeds. When hunt does according to a non enforceable but mutually agreed contract/agreement proceeds are released. Hunter takes the risk that it is hunting and 100% success is not guaranteed. Reputation of booking agent and outfitter will ensure performance. Wiring $90K to africa and expecting all things will be worked out and a plan will be made is not for me. I will take that risk for sub $20K but beyond that I want an intermediary in there. Mike | |||
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One of Us |
L Heym 500 made an interesting point "A good solution for the future would be to escrow trophy fees on condition of game harvested for area booked" I think that would be an interesting business opportunity for someone who is a licensed escrow agent. It would certainly up the public trust. I would further suggest that outfitters put up a licensed bond to be held by the escrow officer. Food for thought anyway Tim | |||
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One of Us |
I guess I am lucky. Those I hunt with trust me enough not to ask me to escrow the trophy fees. I wire them the money when I get back. I have always paid and done so quickly. On the other hand, I hear stories about clients who never pay. A contract is not going to stop a crook who is going to screw you. It will stop misunderstandings between honest people. I arrived in the Yukon once and was presented a contract complete with waiver. I read the waiver and said not no but hell no. The outfitter wanted to know why. I said that I had no recourse under any possible circumstance. For example, if they decided to hunt sheep in the hotel, I had no recourse. If the guide intentionally shot me, I had no recourse. I told them that I had been severely injured before on a hunt. Arguably due to an outfitters negligence. I never sued them or otherwise did a thing about it. I completed the hunt. The horses wrecked by sat phone. I did nothing about it. | |||
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One of Us |
I have always settled up on trophy fees in camp at the end of the hunt or more commonly after returning home. Mike | |||
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One of Us |
The first couple hunts (plains game hunts) I settled trophy fees in camp after the hunt. More recent hunts I've wired money after the hunts. No one wants to deal with travelers checks and I'm not carrying large amounts of cash. Go Duke!! | |||
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One of Us |
Mike or anyone else..... Does this really ever happen. I understand there are agents that hold trophy fee money but I don't know of any that hold all monies including day rates until a hunt is completed. Most African outfits seem to live year to year financially. Unless they have a very special on going relationship with that agent I doubt they are going to hunt someone without at least the day rates paid before the hunt. Am I wrong? ______________________ DRSS ______________________ Hunt Reports 2015 His & Her Leopards with Derek Littleton of Luwire Safaris - http://forums.accuratereloadin...6321043/m/2971090112 2015 Trophy Bull Elephant with CMS http://forums.accuratereloadin...6321043/m/1651069012 DIY Brooks Range Sheep Hunt 2013 - http://forums.accuratereloadin...901038191#9901038191 Zambia June/July 2012 with Andrew Baldry - Royal Kafue http://forums.accuratereloadin...6321043/m/7971064771 Zambia Sept 2010- Muchinga Safaris http://forums.accuratereloadin...6321043/m/4211096141 Namibia Sept 2010 - ARUB Safaris http://forums.accuratereloadin...6321043/m/6781076141 | |||
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One of Us |
You are not wrong. | |||
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One of Us |
It's actually as simple as writing a hunt contract between the outfitter and client. The contract contains everything what was discussed in the preceding correspondence. It also has a cancellation policy. No way does a deposit have to be more than 50 percent of the day fees. If the conitions aren't met then the client has the option of not paying the balance. Victor Watson Karoo Wild Safaris Email: info@karoowildsafaris.co.za Cell: (+27) 721894588 www.karoowildsafaris.co.za | |||
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One of Us |
I think it would be valuable (perhaps in another thread) to discuss what can go wrong with a hunt from the viewpoints of the PH and the client and work up a sample contract that protects both parties. With the feedback from so many knowledgeable AR members, this may be a valuable venture. Many here remember my thread of June and July about hunt contracts. A contract that is so one sided to the agent or PH would never work. Neither would a contract that is slanted toward the hunter. As my attorney told me regarding the contract the agent sent me, "If all goes well you won't remember the contract. If the hunt goes to shit, you will have signed away all of your rights." There must be common ground. And, what to do about enforcement? Should the contract spell out what is to be done should one side default? I mean, it is probably worth legal time for a 90K$ hunt, but not so for most hunts. What do you think? Is there a better course all of us can follow? Just wonderin'. Cal _______________________________ Cal Pappas, Willow, Alaska www.CalPappas.com www.CalPappas.blogspot.com 1994 Zimbabwe 1997 Zimbabwe 1998 Zimbabwe 1999 Zimbabwe 1999 Namibia, Botswana, Zambia--vacation 2000 Australia 2002 South Africa 2003 South Africa 2003 Zimbabwe 2005 South Africa 2005 Zimbabwe 2006 Tanzania 2006 Zimbabwe--vacation 2007 Zimbabwe--vacation 2008 Zimbabwe 2012 Australia 2013 South Africa 2013 Zimbabwe 2013 Australia 2016 Zimbabwe 2017 Zimbabwe 2018 South Africa 2018 Zimbabwe--vacation 2019 South Africa 2019 Botswana 2019 Zimbabwe vacation 2021 South Africa 2021 South Africa (2nd hunt a month later) ______________________________ | |||
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One of Us |
Cal your thread was interesting cause the legal contract was with a US entity. However much legal effort is put in drawing up a contract for a Zimbabwe entity - you will end up with a contract with no enforcement ability. As Butch/Bengo has so wisely stated before on AR - Zim is a criminal country. You cant contract around the basic fact Zim has no real legal system. I dont care if it is save safaris or cms or anyone of the other "good guys" in zim. You can writa a contract with them - it just cannot be a enforceable contract. The contract is an agreement that lays outs expectations - days to hunt, location, pricing ect. Even if funds are deposited in a US bank account - you as a client will never get access to monies wired thru US laws (for any contract related issues). Hunting in Zim is all about reputation - that is what you are banking on when you wire the funds. The hunt contracts is your price list and days to hunt with some nice legalize thrown around it. Mike | |||
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