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Service level, Indemnity, Terms & ConditionsAll sevices by Andulela Experience cc, 62 Victoria Ave, Hout Bay 7806, South Africa, below refered to as The Operator, as offered on this webpage, in brochures or verbally through one of our consultants or agents are subject to the following terms and conditions of operations and indemnity. As a direct client or an agent of Andulela, below refered to as The Client/Agent you agree with: 2 Description of Service 2.2 All services are generally conducted in English, unless otherwise specified. 2.4 Availability of tours 2.5 Content and routes of tours 2.7 Cost per capita per tour 3 Booking procedure Provision of full details of the prospective client or group is required in writing for any booking. The quality of The Operator’s service depends on the accuracy and content of the client’s/agent’s brief on any interests and needs pertaining to services required. We reserve our right in this regard and will not accept any responsibility for clients/agents who may not fully enjoy the product or service as a result of our receiving incorrect or insufficient information by the client/agent. 3.2 Full payment will secure a booking and is to be paid upon confirmation of reservation. A copy of the completed reservation form signed by the client/agent along with proof of payment is to be faxed or emailed to The Operator. 3.3 It is The Client’s/Agent’s responsibility to ensure that the full invoiced amount is to reach The Operator’s account net of any bank charges. All costs such as bank charges for cash deposits or international transfers are those of the Client/Agent. A service fee of 3.5% of the total invoiced amount is payable on all credit card transactions. 3.4 Once payment has been made to The Operator, all services booked with The Operator are non-transferable and non-refundable. Cancellation terms apply (see point 4). 3.5 No day tours can be booked less then 24 hours before the requested event of the tour. 4 Cancellation and amendments 4.1 Any cancellation or amendment must be conveyed to The Operator in writing. 4.2 On receiving notification of any cancellation or amendment all payments by the client will be forfeited to cover The Operator’s costs to that date, and those of The Operator’s contractors or suppliers. 4.3 It is the responsibility of the client/agent to ensure that an updated booking form is received by the Operator. 4.4 The following cancellation fees are applicable for all day tours: 4.5 The following cancellation fees are applicable for all overnight tours with the exception of “Dancing with dolphins in the warm waters of Mozambique”: 4.6 The following cancellation fees are applicable for “Dancing with dolphins in the warm waters of Mozambique” 4.7 It is the responsibility of the client/agent to ensure that an updated booking form is received and all changes in the status of a reservation are reported toThe Operator in writing. 5 Responsibility and liability 5.1 All services being provided to the client/agent by The Operator are accepted at the Agent’s and its clients’ own risk. The Operator, its employees and any other persons contracted by The Operator, will not be held liable by the Agent or its clients or their dependants for any claim arising from any injuries, damages and/or losses, to property or to persons, whether fatal or otherwise, sustained during or as a result of the delivery of services supplied by The Operator, however such injuries or losses are caused or incurred. 5.2 The Operator and all other persons contracted by The Operator are indemnified and cannot be claimed against by the client/agent for any reason whatsoever. 5.3 All clients will be required to sign an indemnity form. 5.4 Force Majeur (Acts of God) The Operator shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or [telephone service], and no other Party will have a right to terminate this Agreement in such circumstances. 6 Intellectual property 6.1 All concepts, products and services remain entirely the property of The Operator and its subcontractors or suppliers. The Client/Agent has no right to alter or change any aspect of The Operator’s products without prior acceptance in writing from The Operator. Further, the Client/Agent has no right to use the content or concepts or the services rendered by The Operator or part thereof in any other context beyond this service agreement. 6.2 The Operator’s service providers and subcontractors remain solely the partners and suppliers of The Operator. 6.3 All photos and text and image material supplied or published by The Operator remains the sole property of The Operator and cannot be used by other parties without the written permission of The Operator. 7 General conditions 7.1 No amendment of this Agreement shall have any effect unless reduced to writing and signed by both parties. 7.2 No indulgence on the part of either party to the other shall constitute a waiver of rights in terms of this Agreement. 7.3 This contract sets out the full basis of the relationship between The Operator and The Client/Agent who by entering into agreement with The Operator acknowledges that it is governed by the laws of The Republic of South Africa and that in the event of The Agent or its clients bringing any legal action against The Operator, its directors, members, servants, Agents, subcontractors or other employees, direct or indirect, that only the courts of The Republic of South Africa shall have jurisdiction. Andulela Experience 2007 |
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