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Andulela's Touren
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Service Level, Indemnity, Terms & Conditions |
1 Service Level Agreement
1.1 All tour guides of The Operator are accredited by THETA.
1.2 The Operator ensures that all vehicles used are clean, roadworthy, fully licensed and insured as per SATSA requirements. Drivers have the relevant PDF licence.
1.3 The Operator is insured as per SATSA requirements.
1.4 The Operator is available on landline (+27-21-418 3020), 2 mobile numbers (+27 (0) 81 586 4 536 or +21(0) 82 695 4 695), email (info@andulela.com) and fax during office hours (Mo-Fr 9h00 -17h00) and for urgent after hours matters on mobile phones. In the case of emergencies The Operator can be contacted on mobile number +27 82 695 4 695 or +27 (0) 81 586 4 536. Should there be no reply The Client is to leave a clear message with full contact details and we will return the call as soon as possible.
1.5 We commit to providing the best possible price and value without compromising service, quality and our responsible tourism policy.
2 Description of Service
2.1 The Operator offers day tours, events, and other tourism services, which involve authentic cultural, nature and wildlife experiences. Detailed description of all tours and services included are available on request. 2.2 All services are generally conducted in English, unless otherwise specified.
2.3 Transport, entrance fees, meals and refreshments are only included when and as specified in the tour description, otherwise these and any other personal costs are for the account of The Agent/The Client.
2.4 Availability of tours
All tours and services are subject to availability. Availability is subject to minimum and maximum numbers of visitors on the specific tours, weather conditions, availability of fuel, a Force Majeur or other unforeseen circumstances.
2.5 Content and routes of tours
The content of the tours, such as venues visited, guides and hosts involved, particular routes and destinations or else are subject to change in the event of unforeseen circumstances. The Operator explicitly reserves the right to change the above mentioned if The Operator deems necessary. The Operator ensures that possible changes to the itinerary will not change the overall experience as laid out in the tour descriptions, nor add to the agreed price, and will not compromise the overall quality. Fact sheets are available on request for all tours and services.
2.6 Cost per capita per tour
Cost per capita is subject to change without prior notice. We cannot hold prices stated on out-dated information material, such as flyers, brochures, price lists and websites. An up-to-date and valid price list can be received on request. Prices quoted are valid for a limited time period, which sole The Operator’s consultant determines. Should The Operator’s consultant not indicate a specific expirey date for a quote a period of 48 hours will automatically apply. Only immediate full payment will secure a reservation at the fixed and invoiced price. Scheduled tour rates are however valid for a year from January – December, however this is divided into two rate types or seasons. The first rate is valid from October each year to September and the second rate is valid from October to December.
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 Agent’s/The Client’s brief on any interests and needs pertaining to services required. The Operator reserves its 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 Agent/The Client.
3.1 Bookings must be made in writing and sent to The Operator’s central reservation email address info(at-symbol)andulela.com by means of filling out the booking form provided by andulela (appendix 1) or for conferences where The Operator has specifically agreed to a special electronic booking form such a booking form will suffice provided The Operator confirms receipt of this in writing. Bookings will be considered confirmed and effective once The Operator has given written notice thereof.
3.2 50% payment will secure a booking unless otherwise stipulated by The Operator, and is to be paid upon confirmation of reservation. A copy of the completed booking form signed by The Agent/The Client along with proof of payment is to be faxed or emailed to The Operator. The balance of 50% must reach The Operator’s bank account (banking details of The Operator stated on all invoices out) 7 working days before the booked tour departure unless otherwise stipulated by The Operator.
3.3 It is The Agent/The Client ’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 Agent/The Client. All clients/agents making credit card payments need to complete and sign our credit card authorization to debit form. In all cases of refund on credit card payments a service fee of 5% - 10% on the total invoiced amount will be retained by The Operator.
For tours cancelled by The Tour Operator or by our service provider due to inappropriate weather conditions or for any other reason beyond our control/force majeur (e.g. staff striking) the client will be offered:
a) the same tour on another day if available
b) another tour and at no additional cost on the same day or on another day if available
c) a refund whenever possible. In some instances The Operator may retain a service fee to cover costs should the tour be cancelled
by our service provider due to inappropriate weather conditions or for any other reason beyond our control. Kindly check with your consultant when booking. The Operator and its partners/service providers may make such a decision and The Operator reserves its right in this regard. This may also apply to other tours (i.e. including tours and services, which are not weather dependent) for reasons beyond The Operator’s control such as the service provider’s staff striking or the likes.
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). The Operator reserves its right in this regard.
3.5 No day tours can be booked less than 24 hours before the requested event of the tour unless The Operator so agrees to this in writing. Last minute bookings are subject to availability and sole The Operator decides on any last minute bookings. The Operator reserves its right in this regard.
4 Cancellation and amendments by The Agent/The Client
4.1 Any cancellation or amendment must be conveyed to The Operator in writing to info(at-symbol)andulela.com. It is The Agent/The Client ’s responsibility to ensure that The Operator has received this written correspondence.
4.2 On receiving notification of any cancellation or amendment all payments by The Agent/The Client will be forfeited to cover The Operator’s costs to that date, and those of The Operator’s contractors or suppliers. The fee pertaining to amendments will be determined by The Operator and according to number of changes, the type of changes and the costs involved to date. The Operator reserves its right in this regard.
4.3 It is the responsibility of The Agent/The Client to ensure that an updated booking form is received by The Operator. 4.3 In all cases of cancellation and refund there is a service fee of 5% - 10% on credit card transactions.
4.4 The following cancellation fees are applicable for all day tours unless The Operator has agreed to special cancellation fees with The Agent/The Client for specific groups, series or services:
4.4.1 If cancellation is received by The Operator 30 – 21 days before the tour commencement date, a 30% cancellation fee is applicable.
4.4.2 If cancellation is received by The Operator 20 – 15 days before the tour commencement date, a 50% cancellation fee is applicable.
4.4.3 If cancellation is received by The Operator 14 – 03 days before the tour commencement date, a 75% cancellation fee is applicable.
4.4.4 If cancellation is received by The Operator 02 – 01 days before the tour commencement date, a 100% cancellation fee is applicable.
4.4.5 In the case of “no show”, a 100% cancellation fee is applicable.
4.6 The following cancellation fees are applicable for all overnight tours, with the exception of “Swimming with Dolphins in the warm waters of Mozambique” and “Sanbona Private Game Reserve”, unless The Operator has agreed to special cancellation fees with an agent for specific groups, series or services:
4.6.1 If cancellation is received by The Operator 45 – 31 days before the tour commencement date, a 10% cancellation fee is applicable.
4.6.2 If cancellation is received by The Operator 30 – 15 days before the tour commencement date, a 50% cancellation fee is applicable.
4.6.3 If cancellation is received by The Operator 14 – 01 days before the tour commencement date, a 100% cancellation fee is applicable.
4.6.4 In the event of a “no-show”, a 100% cancellation fee is applicable.
4.7 The following cancellation fees are applicable for “Swimming with Dolphins in the warm waters of Mozambique”, “Sanbona Private Game Reserve” and any tailor-made overnights:
4.7.1 If cancellation is received by The Operator prior to 31 days before the tour commencement date, a 50% cancellation fee is applicable
4.7.2 If cancellation is received by The Operator 30 – 01 days before the tour commencement date, a 100% cancellation fee is applicable.
4.7.3 In the event of a “no-show”, a 100% cancellation fee is applicable. 4.8 It is the responsibility of The Agent/The Client to ensure that an updated booking form is received and all changes in the status of a
reservation are reported to The Operator in writing.
5 Responsibility and liability
5.1 All services being provided to The Agent/The Client by The Operator are accepted at The Agent/The Client ’s risk and its clients’ own risk, and this whether its client signs an indemnity form or not. The Operator, its employees, its partners, its service providers and any other persons contracted by The Operator, will not be held liable by The Agent/The Client 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 nor by clients of The Client and The Agent/The Client for any reason whatsoever and this whether its client signs an indemnity form or not.
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, hosts, service providers and services remain entirely the property of The Operator and its subcontractors or suppliers. The Agent/The Client, its partners and its clients have no right to alter or change any aspect of The Operator’s products without prior acceptance in writing from The Operator. Further, The Agent/The Client , its partners and its clients have no right to use the content or concepts and the services rendered by The Operator or part thereof in any other context beyond this service agreement. Furthermore, The Agent/The Client, its partners and its clients have no right to use the hosts or service providers of any of the tours and services rendered by The Operator without prior written consent of The Operator.
6.2 The Operator’s service providers, hosts and subcontractors remain solely the partners and suppliers of The Operator and are not to be used directly by The Agent/The Client .
6.3 All photos and text material supplied or published by The Operator remains the sole property of The Operator and cannot be used by The Agent/The Client or other parties without the written permission of The Operator. Furthermore, any photos and text material of The Operator used with the consent of The Operator are not to be disassociated from the specific tours and services of The Operator (e.g. photos of The Cape Malay Cooking Safari supplied by The Operator are to be used by The Agent/The Client uniquely in relation to and specifically and directly along side or in close proximity of an offer of The Cape Town Jazz Safari of The Operator and not for any other tour or service). We thank The Agent/The Client for sending us copies of any marketing material using our texts, itineraries, images, service providers, products and services.
7 Social Responsibility and Conditions of Business Conduct
7.1 The Operator, as signatory of “The Code” (internationally recognised Tourism Child Protection Code of Conduct) believes that tourists or any other persons who use tourism facilities to gain sexual contact with children are committing a grave violation of children’s rights. Child Sex Tourism runs counter both to human rights and the values of tourism. The Operator strongly condemns and will not tolerate in any way sexual exploitation of children in tourism and refuses to conduct business with any person or company that is engaged or associated, be it directly or indirectly, with this type of exploitation. The Operator insists that all its business partners that:
- No child prostitution be allowed or tolerated at the supplier’s facilities
- Any suspicious behaviour from guests be reported to the relevant local authorities with immediate effect
7.2 The Operator condemns any form of corruption and advocates the prevention of corruption and expects The Agent/The Client to do so too.
8 General conditions
8.1 No amendment of this Agreement shall have any effect unless
reduced to writing and signed by both parties.
8.2 No indulgence on the part of either party to the other shall constitute a waiver of rights in terms of this Agreement.
8.3 This contract sets out the full basis of the relationship between The Operator and The Agent/The Client 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 Client and/or The Agent/The Client 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. |
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