APPLICATION
All enquiries, advice, quotations or estimates addressed to, provided by or bookings made with and/or all services rendered and/or goods supplied by or on behalf of Pro Golf Safaris and Golf Tours (Pty) Ltd ('the Company') 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, golf courses, tour guides, 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').
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(s) or group or entity in whose name or on whose behalf the enquiry is made or advice sought or the 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)').
THIRD PARTY SERVICE PROVIDERS
Clients are provided with travel and/or other services and/or goods either by the Company itself or by Third Party Suppliers who it engages as agent for the Client - they include airlines, vehicle rental, providers of accommodation, food and beverage, golf courses, tour guides, excursions etc. 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 Company will on request 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 Company 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 fulfill 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 Company.
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 Company 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 Company may not always be notified.
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 updated by Third Party Suppliers over which the Company has no control. Accordingly, the Company cannot and does not guarantee that any destinations will comply in whole or in part with such brochure and/or Internet. Any right of recourse in that regard will be against the Third Party Supplier.
BOOKING, DEPOSIT & RESERVATION
A deposit based on the total package price ('the Package Price') as specified in the Booking Confirmation ('the Booking Confirmation') is required in order to secure the reservation, subject to payment of the balance of the Package Price as specified herein. The purpose of the Deposit, other than payment to Third Party Suppliers, is to cover costs, disbursements incurred by the Company and its service fees. A percentage of the deposit will be forfeited in the event of cancellation by either party or if performance has become impossible for any reason whatsoever and howsoever arising, which percentage will relate to the Company's services rendered and amounts disbursed to service providers on your behalf that cannot be recovered. However wherever possible the Company will offer you a voucher for future travel and if accepted, there will be no forfeit.
100% of all flight tickets forming part of the itinerary will have to be paid as part of the initial deposit to secure negotiated fares. The Company reserves the right to cancel any reservation if the deposit is not received. Upon receipt of The Booking Confirmation and deposit, you will be deemed to have confirmed all the information pertaining to your Itinerary ('The Itinerary') as correct and the Company will, subject to availability, make the reservations necessary to secure the Itinerary.
Air Tickets
· 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 Company 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 Company, 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.
PAYMENT AND PAYMENT TERMS
Payment policy is as per the Booking Confirmation. The balance of the Package Price is due not later than 60 days prior to arrival unless specified otherwise. 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 Company may cancel the Itinerary. The Client undertakes to pay the Company interest at a rate of 5% above the prime rate charged by the Company'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 Suppliers.
PRICES (if applicable)
Note that the Company reserves the right to amend the Package Price if an unreasonable time lapses between the date the quotation is submitted to the Client and the date it is accepted by the Client. However, once payment of the Package Price in full is received, the Package Price is guaranteed (subject to statutory changes such as VAT). However, should the number of traveling passengers deviate from the number required for the booking as specified in the Booking Confirmation or should unforeseen events lead to rescheduling by any principal, the Company reserves the right to re-cost the Package Price and raise a surcharge to cover such costs. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain any payment made. (The Company 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.
Please note that in some cases Third Party Suppliers may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been affected.
TRAVEL DOCUMENTS
Documents (vouchers, itineraries etc.) are only prepared and released on receipt of payment of the Package Price in full. Upon receipt of your travel documents, PLEASE CHECK that ALL the detail therein is correct.
RESPONSIBILITY & LIMITATION OF LIABILITY
All tours are booked and arrangements are made on the express condition that the Client embarks on the tour or journey entirely at their own risk. The Company, its directors, members, partners, 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 Consumer Protection Act - CPA), 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), 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 Company. 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 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.
INSURANCE
It is strongly recommended that each client takes out comprehensive travel insurance prior to travel. The Company 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 Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company 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 of 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 Company 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.
PASSPORTS & VISAS
It is the entirely the Clients duty to ensure that all passports and visas are current, obtained on time, are valid, and will be valid for six months after return to 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 before travelling. If the Company assists the Client in any way, such assistance will be at the Company's discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company against any consequences of non-compliance and/or such assistance. Travelers to South Africa, Zambia, Botswana and Namibia should have at least three (3) clear visa pages in their passport before departing from the country of origin.
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 condition of health for the Itinerary.
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) clear visa 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 Company 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 a 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.
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.
UNABRIDGED 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 MAY BE 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.
YELLOW FEVER AND MALARIA
Please note that some areas in South Africa and all areas in Zimbabwe, Zambia and Botswana are areas where Malaria and other tropical diseases are prevalent. We strongly recommend you consult with your doctor before you depart on holiday to these areas on which precautions to take during your visit or failing that check with 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. All passengers travelling from East Africa to Southern Africa will be required to produce a valid yellow fever certificate upon arrival in any entry point in Zambia and upon return to South Africa from Zambia. As per South African Government policy, all travelers coming from Zambia or any other yellow fever risk country must produce a valid yellow fever certificate on arrival. If travelers do not have a valid certificate, the following will apply:
In order for the yellow fever certificate to be valid, the vaccination should be done at least 10 days before departure to South Africa as the vaccine offers protection 10 days after administration. If the vaccine is administered less than 10 days before coming to South Africa, the above measures will be applied. Traveling from any East African country including Zambia, proof will be required of a Yellow Fever Certificate before entering South Africa.
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 Company'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.
STANDARD CANCELLATION TERMS
In the event of Client cancelling their reservations, which must be done in writing and addressed to the Company, the Company 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 Company. The Company reserves the right to cancel any tour before departure, in which event the entire payment will be refunded without any further obligation on the part of the Company. Third Party Suppliers may charge additional cancellation fees.
A cancellation charge is applicable on the following basis:
Due to the fact that the Company contracts with third party suppliers as an agent for the client, The Client is bound by the cancellation policy of third party suppliers' terms and conditions.
We reserve the right to cancel any reservation without a booking confirmation.
All cancellations must be received in writing and submitted to enquiries@progolfsafaris.com
The Company will apply for the refund on your behalf, nevertheless will not be responsible should this application be denied for any reason.
UNSCHEDULED EXTENSIONS, ITINERARY VARIATIONS & TRANSFERS
While every effort is made to keep to all published itineraries, Third Party Suppliers and/or the Company reserve the right to makechanges 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 Company, its agents or principals. It is understood that expenses relating to the above (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.
COACH & AIR CHARTER
Please note that the flying services and coach transfers are subcontracted to independent Third Party Suppliers. They are entirely and exclusively responsible for this portion of the itinerary. The Company will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Clients' account.
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.
LEGAL JURISDICTION AND LEGAL FEES
South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company. The Company 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 domicilium citandi et executandi as reflecting in the Booking Confirmation. 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.
CONDUCT
The Client agrees that he/she and any members of its tour party will at all times comply with the Company's or others' requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any Third Party Supplier, other passenger or person 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 Company against damages suffered and/or costs incurred by the Company and/or any third party as a result of a breach of this clause.
SPECIAL REQUESTS
Clients who have special requests, must specify such requests to the Company in the Booking Confirmation. Whilst the Company will use its best endeavors to accommodate such requests, it does not guarantee that it will.
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 authorised representative of the Company.
REFUNDS
No refunds will be considered in any circumstances whatsoever, whether for unused services or otherwise. Refunds by the Third Party Suppliers will be exclusively and solely subject to their terms and conditions.
FOREIGN EXCHANGE COMPLIANCE AND CURRENCY DECLARATIONS
The Client must lodge a currency declaration (in the event of trans border travel) with the Company before the travel documents will be released.
This is the Client's exclusive duty. This will apply especially when the Client instructs the Company 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.
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.
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;
* Epidemic, pandemic or the outbreak of 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 epicenter 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.
CONFIDENTIALITY & PRIVACY
Subject to statutory constraints or compliance with an order of court, the Company 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 Company 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(link to Privacy Policy).
POPI/GDPR
The Client is deemed to give their voluntary, specific and informed consent that the Company may (in terms of the Protection of Personal Information Act, Act 4 of 2013 & the European Community General Data Protection Regulations):
The parties agree that:
· Consent may be withdrawn, deleted, qualified or amended upon written request from the Client;
· The Client may pre-emptively block any communication;
· The Client may request any direct marketing to be stopped;
· Any communication must only relate to goods or services similar to what the Client bought from the Company.
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.
INTERNET BOOKINGS
If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorises the Company 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.
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)
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 Company 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.
COPYRIGHT
The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the Company is and shall remain the sole and exclusive property of the Company
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 Cape Town within two (2) 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 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.
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 Company 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 centers, 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 affluent 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 Company 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 Company in writing prior to arrival.
ENTIRE CONTRACT
The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and the Company'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 Company or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions. The Company reserves the right to revise these conditions from time to time - each revision will be dated and posted on its website.
APPLICATION
All enquiries, advice, quotations or estimates addressed to, provided by or bookings made with and/or all services rendered and/or goods supplied by or on behalf of Pro Golf Safaris and Golf Tours (Pty) Ltd ('the Company') 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, golf courses, tour guides, 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').
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(s) or group or entity in whose name or on whose behalf the enquiry is made or advice sought or the 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)').
THIRD PARTY SERVICE PROVIDERS
Clients are provided with travel and/or other services and/or goods either by the Company itself or by Third Party Suppliers who it engages as agent for the Client - they include airlines, vehicle rental, providers of accommodation, food and beverage, golf courses, tour guides, excursions etc. 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 Company will on request 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 Company 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 fulfill 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 Company.
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 Company 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 Company may not always be notified.
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 updated by Third Party Suppliers over which the Company has no control. Accordingly, the Company cannot and does not guarantee that any destinations will comply in whole or in part with such brochure and/or Internet. Any right of recourse in that regard will be against the Third Party Supplier.
BOOKING, DEPOSIT & RESERVATION
A deposit based on the total package price ('the Package Price') as specified in the Booking Confirmation ('the Booking Confirmation') is required in order to secure the reservation, subject to payment of the balance of the Package Price as specified herein. The purpose of the Deposit, other than payment to Third Party Suppliers, is to cover costs, disbursements incurred by the Company and its service fees. A percentage of the deposit will be forfeited in the event of cancellation by either party or if performance has become impossible for any reason whatsoever and howsoever arising, which percentage will relate to the Company's services rendered and amounts disbursed to service providers on your behalf that cannot be recovered. However wherever possible the Company will offer you a voucher for future travel and if accepted, there will be no forfeit.
100% of all flight tickets forming part of the itinerary will have to be paid as part of the initial deposit to secure negotiated fares. The Company reserves the right to cancel any reservation if the deposit is not received. Upon receipt of The Booking Confirmation and deposit, you will be deemed to have confirmed all the information pertaining to your Itinerary ('The Itinerary') as correct and the Company will, subject to availability, make the reservations necessary to secure the Itinerary.
Air Tickets
· 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 Company 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 Company, 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.
PAYMENT AND PAYMENT TERMS
Payment policy is as per the Booking Confirmation. The balance of the Package Price is due not later than 60 days prior to arrival unless specified otherwise. 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 Company may cancel the Itinerary. The Client undertakes to pay the Company interest at a rate of 5% above the prime rate charged by the Company'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 Suppliers.
PRICES (if applicable)
Note that the Company reserves the right to amend the Package Price if an unreasonable time lapses between the date the quotation is submitted to the Client and the date it is accepted by the Client. However, once payment of the Package Price in full is received, the Package Price is guaranteed (subject to statutory changes such as VAT). However, should the number of traveling passengers deviate from the number required for the booking as specified in the Booking Confirmation or should unforeseen events lead to rescheduling by any principal, the Company reserves the right to re-cost the Package Price and raise a surcharge to cover such costs. Should any Client refuse to accept and pay such surcharge, the Company reserves the right to cancel the tour and retain any payment made. (The Company 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.
Please note that in some cases Third Party Suppliers may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been affected.
TRAVEL DOCUMENTS
Documents (vouchers, itineraries etc.) are only prepared and released on receipt of payment of the Package Price in full. Upon receipt of your travel documents, PLEASE CHECK that ALL the detail therein is correct.
RESPONSIBILITY & LIMITATION OF LIABILITY
All tours are booked and arrangements are made on the express condition that the Client embarks on the tour or journey entirely at their own risk. The Company, its directors, members, partners, 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 Consumer Protection Act - CPA), 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), 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 Company. 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 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.
INSURANCE
It is strongly recommended that each client takes out comprehensive travel insurance prior to travel. The Company 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 Company to effect insurance for the Client except upon detailed instructions given in writing and all insurance affected by the Company pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk, and the Company 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 of 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 Company 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.
PASSPORTS & VISAS
It is the entirely the Clients duty to ensure that all passports and visas are current, obtained on time, are valid, and will be valid for six months after return to 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 before travelling. If the Company assists the Client in any way, such assistance will be at the Company's discretion and the Client acknowledges that in doing so, the Company is not assuming any obligation or liability and the Client indemnifies the Company against any consequences of non-compliance and/or such assistance. Travelers to South Africa, Zambia, Botswana and Namibia should have at least three (3) clear visa pages in their passport before departing from the country of origin.
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 condition of health for the Itinerary.
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) clear visa 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 Company 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 a 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.
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.
UNABRIDGED 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 MAY BE 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.
YELLOW FEVER AND MALARIA
Please note that some areas in South Africa and all areas in Zimbabwe, Zambia and Botswana are areas where Malaria and other tropical diseases are prevalent. We strongly recommend you consult with your doctor before you depart on holiday to these areas on which precautions to take during your visit or failing that check with 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. All passengers travelling from East Africa to Southern Africa will be required to produce a valid yellow fever certificate upon arrival in any entry point in Zambia and upon return to South Africa from Zambia. As per South African Government policy, all travelers coming from Zambia or any other yellow fever risk country must produce a valid yellow fever certificate on arrival. If travelers do not have a valid certificate, the following will apply:
In order for the yellow fever certificate to be valid, the vaccination should be done at least 10 days before departure to South Africa as the vaccine offers protection 10 days after administration. If the vaccine is administered less than 10 days before coming to South Africa, the above measures will be applied. Traveling from any East African country including Zambia, proof will be required of a Yellow Fever Certificate before entering South Africa.
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 Company'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.
STANDARD CANCELLATION TERMS
In the event of Client cancelling their reservations, which must be done in writing and addressed to the Company, the Company 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 Company. The Company reserves the right to cancel any tour before departure, in which event the entire payment will be refunded without any further obligation on the part of the Company. Third Party Suppliers may charge additional cancellation fees.
A cancellation charge is applicable on the following basis:
Due to the fact that the Company contracts with third party suppliers as an agent for the client, The Client is bound by the cancellation policy of third party suppliers' terms and conditions.
We reserve the right to cancel any reservation without a booking confirmation.
All cancellations must be received in writing and submitted to enquiries@progolfsafaris.com
The Company will apply for the refund on your behalf, nevertheless will not be responsible should this application be denied for any reason.
UNSCHEDULED EXTENSIONS, ITINERARY VARIATIONS & TRANSFERS
While every effort is made to keep to all published itineraries, Third Party Suppliers and/or the Company reserve the right to makechanges 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 Company, its agents or principals. It is understood that expenses relating to the above (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.
COACH & AIR CHARTER
Please note that the flying services and coach transfers are subcontracted to independent Third Party Suppliers. They are entirely and exclusively responsible for this portion of the itinerary. The Company will not be liable for any additional flying/transfers outside of the quoted itinerary. This will be for the Clients' account.
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.
LEGAL JURISDICTION AND LEGAL FEES
South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company. The Company 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 domicilium citandi et executandi as reflecting in the Booking Confirmation. 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.
CONDUCT
The Client agrees that he/she and any members of its tour party will at all times comply with the Company's or others' requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any Third Party Supplier, other passenger or person 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 Company against damages suffered and/or costs incurred by the Company and/or any third party as a result of a breach of this clause.
SPECIAL REQUESTS
Clients who have special requests, must specify such requests to the Company in the Booking Confirmation. Whilst the Company will use its best endeavors to accommodate such requests, it does not guarantee that it will.
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 authorised representative of the Company.
REFUNDS
No refunds will be considered in any circumstances whatsoever, whether for unused services or otherwise. Refunds by the Third Party Suppliers will be exclusively and solely subject to their terms and conditions.
FOREIGN EXCHANGE COMPLIANCE AND CURRENCY DECLARATIONS
The Client must lodge a currency declaration (in the event of trans border travel) with the Company before the travel documents will be released.
This is the Client's exclusive duty. This will apply especially when the Client instructs the Company 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.
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.
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;
* Epidemic, pandemic or the outbreak of 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 epicenter 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.
CONFIDENTIALITY & PRIVACY
Subject to statutory constraints or compliance with an order of court, the Company 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 Company 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.
POPI/GDPR
The Client is deemed to give their voluntary, specific and informed consent that the Company may (in terms of the Protection of Personal Information Act, Act 4 of 2013 & the European Community General Data Protection Regulations):
The parties agree that:
· Consent may be withdrawn, deleted, qualified or amended upon written request from the Client;
· The Client may pre-emptively block any communication;
· The Client may request any direct marketing to be stopped;
· Any communication must only relate to goods or services similar to what the Client bought from the Company.
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.
INTERNET BOOKINGS
If the Client requests or instructs the Company to do bookings via the Internet, the Client irrevocably authorises the Company 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.
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)
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 Company 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.
COPYRIGHT
The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the Company is and shall remain the sole and exclusive property of the Company
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 Cape Town within two (2) 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 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.
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 Company 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 centers, 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 affluent 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 Company 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 Company in writing prior to arrival.
ENTIRE CONTRACT
The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and the Company'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 Company or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions. The Company reserves the right to revise these conditions from time to time - each revision will be dated and posted on its website.