5.1. Africa Bound Safaris shall:
5.1.1. Have the responsibility of planning and arranging itineraries, provide quotations, make reservations, confirmations, invoicing and credit control relating to the accommodation and travel packages;
5.1.2. Stipulate all accommodation, room types, specifications, transfers provided on arrival and departure from airport to hotel and return when specified in the itinerary;
5.1.3. Be entitled to change flights, accommodation and arranged sightseeing due to unforeseen circumstances after the itinerary has been issued. Should this occur Africa Bound Safaris will inform the Guest. Every effort will be made to operate the tour as planned;
5.1.4. Make every effort to secure special requests, however these cannot be guaranteed;
5.1.5. Promptly supply the Guest with brochures, information that the Guest may require;
5.1.6. On request, provide to the Guest proof of any insurance policies taken out in its name; and
6. Africa Bound Safaris shall not be responsible for
6.1. Any person acting for, through or on behalf of Africa Bound Safaris shall be liable for any loss or damage whatsoever arising from any cause whatsoever. In addition, Africa Bound Safaris shall have the right at any time at its discretion to cancel any tour or the remainder thereof or make any alteration in route, accommodation, price or other details.
6.2. Changes to Schedules – Although every effort is made to adhere to schedules, Africa Bound Safaris reserves the right to occasionally change routes and accommodation as dictated by changing conditions.
6.3. Refunds – Whilst Africa Bound Safaris endeavours to ensure all anticipated accommodation is available as planned, there shall be no claim of any nature whatsoever against Africa Bound Safaris for a refund either in the whole or part, if any accommodation, or excursion is unavailable or reasonable alternative is not found. If the client is unable to use any service provided in the itinerary, no refunds will be due.
6.4. Delays – We cannot be held liable for any delays or additional costs incurred as a result of airlines, air charter services not running to schedule.
6.5. Guide – Should the allocated guide be unable to take a safari owing to illness, we reserve the right to substitute with another guide.
6.6. We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
6.6.1. the fault of the person(s) affected or any member(s) of their party
6.6.2. the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
6.6.3. an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause
6.6.4. the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
6.7. In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.
6.8. Please note: we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel, camp lodge or resort or any other supplier agrees to provide for you where the services or facilities are not specifically referred to in your itinerary as supplied by us and we have not agreed to arrange them and any excursion you purchase in resort.
6.9. The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provide
6.10. Please note that we cannot accept responsibility for weather conditions or the presence or absence of particular wildlife from your safari. In particular, severe drought conditions can lead to local authorities imposing restrictions on use of water; conversely unseasonal rains may make a particular location impassable. Every effort will be made to ensure that you are not subject to inconvenience due to any of the above, but no responsibility can be accepted if this does occur.
6.11. If you are unhappy with any of your holiday while you are away you must address your complaint at the earliest opportunity to the supplier of the services and to us. If the problem is not resolved by the end of your holiday you must supply us with full written details within 14 days thereof. Failure to complain at the earliest opportunity may prejudice your legal rights.
6.12. We are not responsible for any loss, death or injury that is attributable to your acts or omissions, or acts or omissions of third parties not involved in providing the services which make up your holiday, Nor are we liable for unusual or unforeseen circumstances whose consequences could not have been avoided by exercising all due care. You are responsible for the conduct of any children travelling with you and for their compliance with all our conditions
7.1. Either Party shall be entitled, without prejudice and in addition to any rights which it may have in terms of this Agreement or in law, forthwith to cancel this Agreement or to uphold this Agreement and in either event to claim such damages as it may have suffered in the event that the other Party:
7.1.1. commits a breach of any of the terms of the trading terms, and fails to remedy such breach within a period of 7 (seven) days after receipt by it of written notice from the other Party calling for such breach to be remedied; or
7.1.2. takes steps to enter into a compromise with any of its creditors or takes steps or has steps taken against it for liquidation, winding up, deregistration or judicial management; or
7.1.3. prior to or during the currency of these trading terms, commits or has committed an act of insolvency or an act which would be an act of insolvency as defined in the Insolvency Act No. 24 of 1936, as amended, if committed by a natural person; or
7.1.4. fails to satisfy any judgment taken against it and of which it is aware and fails, within 10 (ten) days of the date on which the judgment is granted or the date on which it becomes aware of the judgment, whichever is the latter, to take such steps and to continue to take such steps as may be necessary to have the judgment set aside, or, having taken such steps, fails to satisfy the judgment within 10 days after the date on which it becomes final.
7.1.5. if the Guest fails to timeously pay to Africa Bound Safaris any amount due to Africa Bound Safaris as set out in the trading terms, and fails to remedy such breach within a period of 3 (three) days after receipt by it of written notice from Africa Bound Safaris calling for such breach to be remedied, Africa Bound Safaris shall be entitled, without prejudice, to its rights in terms of the trading terms, or in law, to terminate these terms and claim such damages as it may have suffered, and to cancel any Reservations that may have already been made for the Guest.
8. Force Majeure
8.1. If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under the Trading Terms for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods and acts of God), the Party so affected shall be relieved of its obligations hereunder during the period of that event and shall not be liable for any delay or failure in the performance of any obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure, provided that written notice of the inability to perform shall be given by the Party so affected within 48 (forty eight) hours of the occurrence constituting force majeure.
8.2. The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.
9. Dispute Resolution
9.1 In the event of any dispute, controversy or claim (a “dispute”) as to the rights and obligations of the Parties or as to any other matter arising from or out of or that in any way is related to the trading terms, including any question as to its existence, validity or termination, the Parties shall attempt in good faith to resolve the dispute between themselves.
9.2. If the Parties are unable to resolve a dispute by mutual agreement within 14 (fourteen) days after the dispute is first communicated in writing by any Party to the others, then the dispute shall be submitted to and decided by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa, by an arbitrator agreed upon between the Parties or, failing agreement, appointed by that Foundation.
9.3. Unless otherwise agreed by the Parties in writing the arbitration shall be held in Sandton in the Gauteng Province of the Republic of South Africa.
9.4. The arbitrator shall be obliged to give in writing the reasons for any decision made by him in the course of the arbitration.
10.1. If any provision of the Trading Terms is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
10.2. Neither Party may, without the express written consent of the other Party, cede or delegate any of its rights and/ or obligations in terms of this Agreement.
10.3. Each Party shall co-operate with the other and execute and deliver to the other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purposes.
10.4.No failure by a Party to enforce any provision of the Trading Terms shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.
10.5. No party, nor the trustee, provisional liquidator, liquidator, provisional judicial manager, or judicial manager of any party, may cede any of its rights or delegate any of its obligations under the Trading Terms.
10.6. Each party warrants that he is acting as a principal and not as a Guest for an undisclosed principal.
All and any costs incurred by either Party arising out of or in connection with a breach of any of the provisions of the trading terms by the other Party, including but not limited to legal costs on the attorney and own Guest scale, shall be borne by the Party in breach.
12. Entire Agreement
The covering letter and Trading Terms, read with the applicable confirmation and the relevant Guest agreement in respect of each Reservation, contains the entire agreement between the parties and Africa Bound Safaris shall not be bound by any representation, warranties, undertakings, promises or the like (whether or not made by Africa Bound Safaris, its companies or servants) which are not recorded therein. Subject to the provisions, no alternation, variation or cancellation by agreement of, amendment or addition to, or deletion from this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
13. Governing Law
The terms and conditions of this Agreement will be governed by, and shall be construed in accordance with, the laws of the Republic of South Africa.
This Agreement may be executed in counterparts, each of which will be deemed to be an original of this Agreement with the same force and effect. A facsimile or photocopy of a fully executed counterpart of this Agreement, or of a set of identical versions separately executed by the Parties, will be valid evidence of the existence and the terms of this Agreement.