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Terms and Conditions for Tours, Game Lodge and Hotel Accommodation
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13. DISCLAIMER OF LIABILITY13. 1 Siyabona shall not be liable to the client for any claim of whatsoever:-
nature in connection with the provision of the services ( whether in contract or delict ) and whether for damages for personal injury or to property , howsoever arising, including, but without limiting the generality of the aforesaid:-
a. any negligent act or omission or statement by Siyabona, its servants or agents;
b. any grossly negligent act or omission or statement by Siyabona, its servants or agents;
unless:
i. such claim arises from the wilful misconduct of Siyabona, its servants or agents;
ii. Siyabona receives written notice from the client no later than 7 calendar days from the event giving rise to the claim in question and, failing such notice, the client shall have no claim against Siyabona.
13.2 Notwithstanding anything to the contrary contained in these standard terms and conditions of contract, Siyabona shall under no circumstances whatever, be liable for any indirect or consequential loss / es, howsoever caused or suffered by the client.
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14. CONSENT TO RISKS ASSUMEDThe Client consents to the risks inherent in wildlife adventure travel and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk. |
15. AIR TRAVEL15.1 Air transportation will be economy class unless otherwise stated. The airfare and airport tax, which are quoted, are current and are subject to change without prior warning should the airline impose an increase in rates for any reason. Should the fare quoted not be available at the time of booking the next applicable fare will be booked and amended costs advised accordingly. Please note that fares may increase between time of booking, time of payment and the ticket being issued. Any increase in air fares shall be payable on demand by Siyabona by the client,
15.2 Siyabona cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment in routing or itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to Siyabona on demand.
15.3 Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. Siyabona cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process, it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers.
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16. CHILD POLICY16.1 A child of 12 years and older will automatically be regarded as an adult and charged the full adult rate for all services provided unless otherwise agreed in writing by Siyabona.
16.2 Certain suppliers offer a discounted rate to children under 12 years old, however rates will be advised according to the itinerary requested at the time of booking.
16.3 Certain accommodation establishments refuse permission to children under the age of 12 years, such as certain private game lodges. Acceptance of children is therefore subject to the availability of family units and specific conditions implemented by the supplier.
16.4 Suppliers, which allow children under 12, may have restrictions regarding activities, in which children may partake. This is at the discretion of the supplier and needs to be confirmed with Siyabona at the time of booking. Siyabona cannot be held liable for any changes to the suppliers’ child policy.
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17. DEFAULT BY CLIENT AND RECOVERY OF ATTORNEY AND OWN CLIENT COSTS17.1 Overdue amounts due by the client to Siyabona shall bear interest at the prime rate of interest charged from time to time by Standard Bank of South Africa Limited to its first class corporate clients, plus 3 percentage points thereon, which rate may be proved by a certificate from any duly authorized official of the said bank, and shall constitute prima facie proof of the contents thereof. Such certificate may be used for the purpose of provisional sentence or summary judgment in any legal proceedings.
17.2 A certificate by any duly authorized employee of Siyabona or by any of its members shall be prima facie proof as to the outstanding amount due and payable by the client to it in terms hereof. Such certificate may be used by Siyabona for the purposes of provisional sentence or summary judgment in any legal proceedings.
17.3 In the event of Siyabona incurring any legal costs pursuant to any breach by the client of any of its obligations, the client shall be liable for and pay Siyabona’s costs thereby incurred, on the scale as between attorney and own client.
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18. PHOTOGRAPHIC MATERIALSiyabona shall be entitled to take photographs, films and videos (including in electronic format) of the client during his excursions, as well as at any time during the client’s sojourns in Africa for the duration of the services provided in terms hereof. Siyabona, at its sole discretion, may use such photographic, film and video material so taken, for the purpose of any advertising or brochure productions, which the client irrevocably gives his consent thereto, and without any consideration being payable to the client. |
19. APPLICABLE LAWThese standard terms and conditions and all agreements entered into between Siyabona and the client pursuant thereto, and on the terms thereof shall be governed by and construed according to the laws of the Republic of South Africa, irrespective of the place where the agreement / s where entered into. |
20. JURISDICTION20.1 Subject to the provisions of clause 20.3 below, any legal proceedings arising out of or in connection with these standard terms and conditions, or any agreement entered into pursuant thereto, shall be instituted in the Cape of Good Hope Provincial Division of the High Court of South Africa, which shall have exclusive jurisdiction to hear and determine such legal proceedings.
20.2 To the extent as may be necessary, the client hereby consents and submits to the jurisdiction of the said court, as referred to in clause 20.1 above.
20.3 Notwithstanding the provisions of clause 20.1 above, Siyabona shall have the discretion to institute legal proceedings against a client in any Magistrate’s Court having jurisdiction in terms of Act no. 32 of 1944, as amended, notwithstanding that the amount claimed in such proceedings would otherwise exceed the monetary jurisdiction of the said Court.
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21. VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACTNo variation or alteration of these standard terms and conditions of contract shall be binding on Siyabona unless embodied in a written document signed by a member of Siyabona. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both. |
22. NON-WAIVERNo extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppal against Siyabona in respect of its rights herein, nor shall it operate so as to preclude Siyabona thereafter from exercising its rights strictly in accordance with these standard terms and conditions.
Siyabona Africa (PTY) Ltd - 30 March 2004
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Photography on Safari
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A 200mm telephoto lens is the minimum recommended for birds and wild animals. Most photographers favour the versatility of a zoom lens. However, in many cases you get quite close to some of the animals and a normal 35mm camera would also do.
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Members of CapeTown Tourism
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Emergency Rescue Air Ambulance
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Pressurised and capable of transporting all categories of trauma patients, these aircraft have on board oxygen capacity for ventilated patients sufficient for flights of up to five hours.
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