Sue & Jan-Willem Gulcher have been discovering and sharing Africa with their guests for three decades. They love to plan your safaris and adventure into Southern and East Africa, including our famous Kruger National Park and other significant destinations such as the Okavango Del, Victoria Falls, Tanzania Kilimanjaro, Uganda Gorillas and the Masai Mara in Kenya.
Always discovering, they have now added some of the world’s greatest intrepid adventures to their portfolio, taking discerning guests from across the world to walk Machu Picchu in Peru, Kilimanjaro in Africa and the Himalayas. They will tailor-make your itinerary, offering their expert advice, managing your experience from beginning to end, and selecting specialist operators they personally recommend.
ETHICAL . BESPOKE . AFRICAN ADVENTURE
Free Spirit Adventures Terms and Conditions
TERMS AND CONDITIONS 2023
1. APPLICATION - All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf of FREE SPIRIT ADVENTURES cc (‘the Company’ “The Operator’) are subject to these terms and conditions (‘the Conditions’) and the terms and conditions of various third party providers of services and/or goods (i.e. airlines, tour operators, hotels, cruise companies etc.) who the Company requests on your behalf to render services or provide goods to you (see re such suppliers below: ‘Third Party Supplier’)
2. THE CLIENT AND AUTHORITY The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered or goods supplied, is deemed to have read, had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person, persons or group or entity in whose name or on whose behalf the enquiry is made or advice sought or estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered and/or the goods supplied (collectively referred to as ‘the Client(s)’).
3. THIRD PARTY SUPPLIERS - The Clients are provided with travel and/or other services and/or goods either by the Operator itself or by Third Party Supplier who it engages as agent for the Client - they include airlines, vehicle rental, providers of accommodation, food and beverage and excursions. The contract in use by the Third Party Suppliers (which is often constituted by the ticket issued by them), shall constitute the sole contract between the Third Party Supplier and the Client and any right of recourse the Client may have, will be solely against such Third Party Supplier. The Operator will provide the identity and terms and conditions of (or access thereto) all the Third Party Suppliers relevant to the service and/or goods being provided for the Client’s booking and it's the Client’s responsibility to familiarise itself with such terms and conditions (‘the Third Party Supplier's Conditions’). Whilst the Company vets and selects the Third Party Suppliers with the utmost care and circumspection, the Operator accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer or claim of whatever nature it may have as a result of any act or omission on the part of or the failure of the Third Party Supplier to fulfil any of its obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Operator. With regards to hotel bookings please be aware that hotels and other accommodation properties (Collectively referred to as ‘hotels’) may undergo renovations from time to time. Hotels generally take all possible steps to limit disruption and inconvenience to their guests when renovations are taking place. The Operator will not entertain complaints or requests for refunds if a hotel is carrying out renovations whilst a guest is resident. If the Company is specifically advised of renovation work in advance by the hotel, this information will be passed on to the Client but it is important to understand that this is subject to change and that the Operator may not always be notified.
4. DESTINATION SELECTION - The Client acknowledges that it has selected the Itinerary and destination(s) constituting the Booking based on information gleaned from brochures and/or the Internet. It also acknowledges that such brochures and/or the Internet have been compiled and are managed and up-dated by Third Party Suppliers over which the Operator has no control. Accordingly the Operator cannot and does not guarantee that the itinerary and/or any destination will comply in whole or in part with such brochure and/or Internet information. Any right of recourse in that regard will be against the Third Party Supplier. Principal
5. BOOKING, DEPOSIT & RESERVATION - A deposit of 30% (‘the Deposit’) of the total tour price (‘the Tour Price’) as specified is required in order to secure the reservation, subject to payment of the balance of the Tour Price as specified herein. The Operator reserves the right to cancel any reservation if the deposit is not received. Upon receipt of the deposit, you will be deemed to have confirmed all the information pertaining to your Itinerary ('The Itinerary') as correct and the Operator will, subject to availability, make the reservations necessary to secure the Itinerary. The purpose of the Deposit, other than payment to Third Party Suppliers, is to cover costs, disbursements incurred by the Operator and its service fees and in the event of any cancellation as provided for herein will be forfeited by the Client.
- In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received by the applicable date the airline will automatically cancel the reservations.
- In the case of group bookings, full payment is required by each respective individual/company in order to confirm/secure any airline seats / accommodation / car hire or any other group arrangements on offer / discussed. If full payment is not received by the applicable date, the Operator will automatically cancel any airline seats / accommodation / car hire or any other group arrangements on offer / discussed / confirmed and the Client will have no right of recourse against the Operator Travel Agent or any of the Third Party Suppliers.
- Please note that often more than one itinerary is prepared during the booking process and it is the Client's obligation to ensure that all the details in the final version submitted to it is correct.
6. CANCELLATION - In the event of the Client cancelling their reservations, the Operator shall have the right to either claim the deposit paid by such a passenger or to retain the deposit and claim damages suffered by the Operator. The Operator reserves the right to cancel any tour before departure, in which event part payment will be refunded (payment received less costs of reservation and travel) without any further obligation on the part of the Operator. If a booking is cancelled, consent may be given by the client to use this for another participant. The maximum cancellation fee, which may be imposed in the event of a Client cancelling, is as follows:
30% deposit (forfeited in all cases regardless of notice period and in addition to further cancellation fees) up to 11 weeks prior to departure, 50%, 8 weeks prior to departure, and 100%, 4 weeks or less prior to departure. Certain of our suppliers have harsher cancellation policies than those as shown above. In the event The Operator may be forced to adhere to those conditions, The Operator may therefore hold you liable for any additional charges. Notwithstanding the previous clauses, the above are generally worse case scenarios and in all cases, we will do our best to ensure you are refunded the maximum amount. We will do our best to advise you, prior to you paying a deposit, if your booking involves any of said suppliers.
7. CAR & VEHICLE HIRE – These contracts (‘Car Hire T&C’) are onerous & include absolute, no fault and strict liability provisions. These Car Hire T&C must be read very carefully and anything you don’t understand or about which you have any misapprehension must be discussed with the car hire consultant BEFORE you sign the Car Hire T&C, especially damage excesses and mileage. Please note that you will be liable for all traffic fines and toll fees. The Operator strongly recommend you check the vehicle thoroughly with a representative of the car hire business upon collection and return and ensure that any damage, scratches, faults or shortcomings are noted in writing & signed for. Note that the Car Hire T&C shall constitute the sole contract between the car hire company and the Client and any right of recourse the Client may have, will be solely against the car hire company in terms of the Car Hire T&C.
Similarly the Operator cannot take responsibility in case of car rental vehicle break-down, dirty car rental vehicles, incorrect reading of kilometres travelled etc.
8. PAYMENT AND PAYMENT TERMS - the balance of the total price is payable 8 weeks prior to departure.
If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account or the Operator may cancel the Booking. The Client undertakes to pay the Operator interest at a rate of 5% (five percent) above the prime rate charged by the Operator’s bank on any payment made after the due date. Late payment may also result in cancellation of the reservation by any of the Third Party Supplier. Credit card payments are subject to due completion of and upon the terms and conditions specified in the Operator’s credit card authorisation form.
9. PRICES - Prices are quoted at the ruling daily Exchange rate. Until the Operator has received payment of the Tour Price in full, it reserves the right to charge any fluctuations to the Client account and the Client undertakes to pay for any such fluctuation on demand. However, once payment of the Tour Price in full is received, the price of the arrangements is guaranteed (subject to statutory increases such as VAT) However, should the group number deviate from the number required for the booking as specified in the booking form or should unforeseen events lead to rescheduling by any principal, the Operator reserves the right to re-cost the Tour Price and raise a surcharge if need be. Should any Client refuse to accept and pay such surcharge, the Operator reserves the right to cancel the tour and retain any payment made. Note that the Operator reserves the right to amend the Price if an unreasonable time lapses between the date the Quotation is submitted to the Client and the date it is completed, signed and returned to the Operator and the Deposit paid . Furthermore, the onus will be on the Client to check that there have been no changes in the Price prior to making full and final payment. Note that airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by the Operator (PLEASE NOTE :) This applies especially regarding airport taxes for the entire journey. This also applies to foreign exchange currency payments such as international hotel bookings, car hire, rail bookings or any other foreign payments that need to be made as well as international bank transfer fees. Should it be a group booking and the group number deviate from the number required for the Booking, the Operator reserves the right to re-cost the price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Operator reserves the right to cancel the tour and retain any payment made (The Operator will be entitled to retain any service fees charged and/or retain the commission earned and/or charge an administration fee). However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey). Please note that the Price excludes inter alia airport departure tax and any expenses of a personal nature and gratuities.
10. AIR TICKETS – These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation and baggage provisions and the Client MUST read ALL the applicable conditions BEFORE you pay for the ticket. The Client should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, the Client is not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (& e.g. opt for train, bus or car transport) as this will VOID the entire balance of the journey/itinerary. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee Note that the Air T&C shall constitute the sole contract between the airline and the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. The Client’s rights of recourse as a consequence of over-booking are determined by the Consumer Protection Act, Act # 68/2008 ('the CPA'). Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client. Consult the Operator about refunds for unused tickets as strict deadlines apply.
11. PASSPORTS, VISAS & HEALTH - It is the entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six (6) months after return to his/her/their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. Please check the requirements with a medical practitioner who is well versed with the prevailing conditions and requirements of the country (ies) you intend visiting. If the Operator assists the Client in any way, such assistance will be at the Operator's sole discretion and the Client acknowledges that in doing so, the Operator is not assuming any obligation or liability and the Client indemnifies the Company against any consequences of such assistance. It is the Client’s duty to familiarise him/herself with the inherent dangers of and mental and/or physical challenges the journey may entail and the Client must accordingly be in an adequate and healthy condition for the Proposed Travel Arrangements. Please note that All visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three (3) blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed timeously. The client must ensure that the details supplied to the Operator mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 (six) months after your scheduled return to South Africa. Non South African passport holders may also be required to have re-entry documentation and it is entirely the Client’s duty to ensure that such documentation is in order before departure. Please note that a visa does not guarantee entry to any given country at point of entry and boarding of an aircraft may be denied at any point even if you have a valid visa. Furthermore caution should be taken when your countries of transit or final destination issue visa on arrival. These must not be taken for granted and ensure that all details are obtained from the relevant embassy or consulate well in advance of your departure.- - PREGNANCY - Should you travel while pregnant, please contact your doctor for a “fit to travel” letter, which is required by some service providers. Please advise the Company how far your pregnancy is when traveling, as some service providers have restrictions. –
ABRIDGED BIRTH CERTIFICATE-
Abridged birth certificates for children - please consult the department of home affairs or embassy or consulate in your country about the latest requirements – broadly speaking the following is required when a minor travels with his/her parents/guardian: - The minor must have an unabridged birth certificate In the case of foreign countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced.
- All documents must be original or copies certified as a true copy of the original by a Commissioner of Oaths or the equivalent commissioning authority should Commissioners of Oaths not be a practice in the country concerned. - All documents not in English should be accompanied by a sworn translation issued by the competent authority in the country concerned.
12. TRAVEL DOCUMENTS - The final travel documents (vouchers, itineraries etc.) are only released on receipt of payment of the Tour Price in full. PLEASE CHECK that ALL the detail therein are correct
13. RESPONSIBILITY - All tours are booked and arrangements are made, on the express condition that the Client embarks on the tour or journey entirely on their own risk. the Operator,, its directors, members, partners, its employees and agents ('the Indemnified Parties'), shall not be responsible for, and shall be exempt from, all liability in respect of loss (financial or otherwise), damage, accident, injury, death, harm (as defined in the CPA consumer protection act), illness, trauma, delay or inconvenience to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client, whether on the tour or journey or not), to or loss of or damage to their luggage, or other property, wherever, whenever and however the same may occur and whether or not arising from any act, omission, default, or negligence on the part of any of the Indemnified Parties whatsoever, unless such claim is for injury or death and due to a negligent act or omission of the Operator. Such liability will be subject to a limitation of R10 000, 00 (Ten Thousand Rand) per Client per Booking. The Client indemnifies and holds harmless the Operator, its employees and agents accordingly. The Operator, its employees and agents shall furthermore not be liable for any consequential loss or damages whatsoever. The Client indemnifies and holds harmless the Indemnified parties accordingly. The Indemnified parties shall furthermore not be liable for any consequential or indirect loss or damage whatsoever, unless section 61 of the CPA applies.
14. MALARIA AND OTHER TROPICAL DISEASES: WARNING - Certain parts covered by your itinerary are areas where there is a high-risk of malaria and other tropical diseases. The Company strongly recommends that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.
- Certain areas also require Yellow Fever Vaccinations of which the certificate must be carried and produced when required. Yellow Fever Vaccinations last for up to 10 (Ten) years and inoculation is required at least 2 (Two) weeks before your departure from country of origin.
- PLEASE NOTE: The South African government as a rule does not issue cautionary travel advice regarding foreign countries – where the countries you are travelling to issue such a cautionary and it comes to the Operator's attention it will convey it and/or provide an appropriate link to you. However it is your duty to check your destination on the Internet for any such cautionary before you travel as the state of the country in terms of not only health but also security (such as recent terrorist attacks) can change overnight.
15. FOREIGN EXCHANGE REGULATION COMPLIANCE - This is the Client’s exclusive duty. This will apply especially when the Client instructs the Operator to make and pay for travel arrangements on the Internet. It is the responsibility of each individual Client to ensure that he/she does not exceed the R1 (one) million per calendar year (Please note this amount is stipulated by the SA Reserve Bank as at January 2015 and may be adjusted from time to time – it is the Client’s duty when booking, to check with its foreign exchange provider). Individual’s Single Discretionary Allowance: It is imperative that the Clients are able to show any customs official that they purchased the foreign exchange they are carrying, failing which it may be confiscated.
16. e-TICKETING - The Client must be ready to show their identity document and possibly their credit card used to make payment for the Booking at the check-in counter of the airline concerned. This will apply to all members of a travelling party and for EACH MINOR.
17. FORCE MAJEURE- DEFINITION
The parties agree that one or more of the following events, circumstances or occurrences will constitute prima facie force majeure for the purposes of the terms and conditions that govern the relationship between the parties, subject to the qualifying requirements:
* Acts of God and casus fortuitous: physical, natural causes which cannot be foreseen or prevented and which without limiting the generality of the aforesaid includes tornadoes, death, extraordinary high tides, tidal waves, violent winds, storms, floods, earthquakes, earth tremors, volcanic eruption, hurricanes, tornados, typhoons, cyclones, landslides, subsidence, lightning strikes, fire and other natural disasters;
* Industrial action such as strikes and lockouts, riots, protests and protest action, whether of a political nature or not;
* War, sabotage, revolution, terrorism, civil commotion, riots, insurrection, invasion, blockade or boycott, wild fires in natural and or residential and industrial areas;
* Epidemic, pandemic or the outbreak any other life and/or health threatening diseases, whether infectious, contagious or not, or events such as the spillage of dangerous contaminants or severe air, water, soil or substance pollution;
* Any other event that is due to an irresistible force, unavoidable and external accident;
* Breakdown of public services and amenities;
* National and/or regional border closures and international, national and/or regional or transport travel or transport bans or restrictions whether taken and/or implemented by the government of any country included in the client's travel itinerary;
* The geographic location, origin and/or epicentre of the event is irrelevant as the only yardstick is the impact on the contractual obligations of the parties;
QUALIFYING REQUIREMENTS - The parties agree that the above prima facie force majeure events ('the Event') will only qualify as such if all of the following conditions are met:
* The party invoking force majeure ('the Force Majeure Party' - 'FMP') must immediately advise the other party ('the Force Majeure Recipient' - 'FMR') in writing;
* The Event must not be due to the fault, negligence or breach of contract on the part of the FMP;
* The Event must destroy the subject matter of the contract and means of performance to such an extent that performance becomes permanently impossible and NOT simply difficult, burdensome or economically onerous to carry out;
* The FMP uses and has used due diligence and its best commercially reasonable endeavours to overcome and/or remove and/or alleviate and/or mitigate the Event;
* The FMP must mitigate its own damages;
* The FMP must take all reasonable steps to avoid non-performance;
* Any steps taken by any country's government must be as a result of the Event which results in and meets any one or more of the above Qualifying Requirements;
* The Event must not be of a temporary nature but if it is anticipated to endure for an unreasonably long period, it will be regarded as permanent
REMEDIES
* If the parties are in disagreement about the Definition or the Qualifying Requirements, the parties will apply the Dispute Resolution clause of the Conditions;
* If any one or more of the qualifying criteria are not met, the FMP will have the option to agree a postponement with the FMR and the contract will be performed at the postponed date or the FMP can cancel the contract and the cancellation provisions will apply.
* If they are in agreement that the qualifying requirements have been met, then parties will in the first instance use their best endeavours to agree on the postponement of performance of the contract and failing consensus in that regard, the FMR will use its best endeavours to reimburse the FMP all monies received from it and paid to third party service providers which it manages to recover less irrecoverable disbursements and a reasonable management and service fee.
18. INSURANCE COMPULSARY - It is COMPULSORY that all Client (and all members of a group or tour party) is obliged to have comprehensive insurance cover and written, documentary proof of such cover must be submitted to the Operator with signed quotation. Such cover must include amongst others: cancellation due to illness, accident or injury, cancellation due to journey cancellation, curtailment, missed connection, travel delay, emergency medical, personal liability, luggage loss (Note that is not an exhaustive list). The Operator will not be responsible or liable if the Client fails to take adequate insurance cover or at all. It shall not be obligatory upon the Operator to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Operator pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance Operator or Underwriters accepting the risk, and the Operator shall not be obliged to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Once the insurance has been confirmed and paid for, the Client will be issued with a policy document from the insurer. It is a complex document, which must be read before you initiate your travel so that you can address any queries you may have to the insurer prior to your departure.
Please note that various credit card companies offer limited levels of travel insurance, which the Operator does not consider sufficient cover for international travel. Kindly check with the respective credit card companies in order to obtain the specific details of the cover.
19. UNSCHEDULED EXTENSIONS AND/OR ITINERARY VARIATIONS - While every effort is made to keep to all published itineraries, Third Party Suppliers and/or the Operator reserve the right to make changes for the Client’s health, safety and convenience. This may be as a result of flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Operator, its agents or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc.) will be for the Client’s account. This is not and must not be deemed to be a cancellation and will not entitle the Client to a refund of any nature
20. COACH & AIR CHARTER - Please note that the flying services and coach transfers are subcontracted to independent companies by the Operator on behalf of the client. These companies and contractors have their own terms and conditions which will become part and parcel of such travel arrangements made for the client by the Operator. They are entirely and exclusively responsible for this portion of the itinerary. The Operator will not be liable for any additional flying / transfers outside of the quoted itinerary. This will be for the Clients' account.
21. CONFIDENTIALITY & PRIVACY – Subject to statutory constraints or compliance with an order of court, the Operator undertakes to deal with all Client information of a personal nature on a strictly confidential basis. Furthermore, as far as the Client's personal information and special personal information is concerned, the operator will comply with all provisions of the applicable privacy legislation such as the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’]) and, in the case of residents of the European Community ('the EC'), the General Data Protection Regulations of 2018 ('the GDPR') as detailed in the Company's Privacy Policy which is incorporated herein by reference and which you are deemed to have read, understand and agree to be bound by
22. BREAKAWAYS - While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client's account.
23. LEGAL JURISDICTION & LEGAL FEES - South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Operator. The Operator shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction. The parties choose their respective domicile citandi ET executandi as reflecting in the Booking Form. The Client will be liable for all legal fees on an attorney and own client scale in the event that the Company has to take any legal steps of any nature whatsoever pertaining to the Conditions.
24. CONDUCT - The Client agrees that he/she and any members of its tour party will at all times comply with the Operator or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on the Itinerary and/or Third Party Supplier and/or on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds harmless the Operator against damages suffered and/or costs incurred by the Operator and/or any third party as a result of a breach of this clause.
25. SPECIAL REQUESTS - Clients, who have special requests, must specify such requests to the Operator in the Dietary / Allergy / Medical Information Form. Whilst the Operator will use its best endeavours to accommodate such requests, it cannot guarantee that it will.
26. AMENDMENTS - No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of the Operator.
27. REFUNDS - No refunds will be considered, however under discussion of special circumstances, this may be overruled. Refunds by the Third Party Suppliers will be exclusively and solely subject to their terms and conditions.
28. CONFIRMATION OF TRAVEL ARRANGEMENTS All onward travel arrangements (local and international & on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 hours prior to departure.
29. INTERNET BOOKINGS - If the Client requests or instructs the Operator to do bookings via the Internet, the Client irrevocably authorises the Operator to do the following on its behalf
(1) Make any selections of and for the Proposed Travel Arrangements
(2) Make payments and
(3) Accept booking conditions.
30. DRIVER’S LICENCE - Even if you have obtained an international driver’s licence, please take your national driver’s licence with you. Some overseas car rental companies may request proof of residence such as rates and taxes account (as for FICA)
31. TAXES & SURCHARGES -Where possible airport and airlines taxes and surcharges are reflected in all prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore it is important that you check with the Operator prior to departure from South Africa what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for. With regards to accommodation, some countries city tax and other taxes are only payable on check out.
32. COPYRIGHT – The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the Operator is and shall remain the sole and exclusive property of the Operator The Client furthermore undertakes not to circumvent the Operator and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates and quotes provided by the Operator with any of the Third Party Suppliers or any other service providers or venues for a period of 1 (One) year from the date of the Booking and/or the submission of any proposals, presentations, estimates quotes provided by the Operator.
33. DISPUTE – RESOLUTION - Any and all dispute arising out of or in connection with the conditions including any question regarding its existence, validity or termination, shall be dealt with as follows: 1.
Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA (Arbitration foundation of SA) for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language. 2.
Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application
34. PHOTOGRAPHY - Whilst the Company acknowledges the Client's right of freedom to take photographs in general, please note that the following conditions apply to any photography during any tour and excursions with or arranged by the Operator whether during the tour or excursion or thereafter and these rules will be strictly enforced. By the same token Clients are deemed to indemnify the Company against any consequences, claims and legal costs (on an attorney and own client scale) resulting from any breach of whatsoever nature of these conditions:
- The copyright and ownership in the photograph ('photo') will remain vested in the person who took the photo, unless a person ('the Subject') asked for the photo to be taken and made an arrangement to the contrary with the photographer.
- However once the photographer has posted any material on the Company website or any form of social media, that entitles the Company or any third party to disseminate it
- If the material is to be used commercially e.g. sold or used to launch an advertising campaign, then the written permission of the Subject is required
- The Company supports the principle of fair use and factors that will have a bearing are the purpose (e.g. non-profit); nature of use; size e.g. thumbnail
- Whilst you are entitled to take photos of individuals in public areas, many public areas e.g. shopping centres, resorts and some of the places you may visit may seem to be in the public domain but is in fact privately owned and thus subject to the rules prescribed by the owner of which you should be aware.
- If the location where the photo is being taken is of such a nature that it is reasonable to presume privacy, e.g. a bathroom, then the Client may not take a photo of the Subject at all. This principle would also apply if the location is e.g. a private game lodge which focuses on upper end clients and celebrities or where the surrounds are evidently private - these persons choose such venues for reasons of privacy and even an innocent photo of a staff member posing with a celebrity may be of such a private nature that both the photographer or the staff member requesting the photo is advised to limit the usage to personal purposes and not disseminate it e.g. via social media.
- Use of the photo must not be of such a nature that e.g. it misrepresents the Subject, the setting or surrounds
- The Operator reserves the right to use photos of you and your party on its website and for promotional purposes. If you wish to object to such use, please advise the Operator in writing prior to arrival.
35. ENTIRE CONTRACT - The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and the Operator's Privacy Policy) constitute collectively the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated or presented on behalf of the Operator or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions. The Operator reserves the right to revise these conditions from time to time - each revision will be dated and posted on its website.
DATE SUBMITTED TO CLIENT
DATE. MONTH YEAR
