Terms and conditions

Chic Afrique Exclusive Luxury Tours or Chictours  Standard Conditions of Business

1.      Definitions

1.1.   “Client” means the company, person or organization buying or agreeing to buy products and/or services from the Seller

1.2.   Client also includes prospective clients to whom the Seller has addressed proposals or quotations.

1.3.   “Seller” means, Chic Afrique Exclusive Luxury Tours, P. O. Box 5, Maitland 7404, Western Cape  as well as all associated and group companies.

1.4.   “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.5.   “Price” means the price the Client has agreed to pay for the hire of goods and the supply of services as described by Chic Afrique Exclusive Luxury Tours.

2.      Conditions applicable

2.1.   This agreement applies to this sale by the Seller to the Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport to apply under any purchase order confirmation of order or similar document.

2.2.    Placing your order means acceptance of this agreement.

2.3.   Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2.4.   If any provision of these conditions is held by any competent authority or Court to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of these provisions in question shall not be affected.

3.      Price and Payment

3.1.   The Price shall be the price stipulated on the Chictours invoice/correspondence. The Price is inclusive of V.A.T. (where applicable) which shall be the rate ruling on the date of the Seller’s invoice.

3.2.   Payment of the Price shall be 50% on confirmation of the tour as described in the Chictours tour section. Where there is a variance between the payment terms documented in this clause 3.2 and those documented in the Chic tours booking,  the payment terms in the Chictours booking shall prevail.

3.3.   Interest on overdue invoices shall accrue from the date payment becomes due at the prime interest rate charged by ABSA Bank Limited from time to time. Where payment is late Chictours reserves the right to impose an administration charge of up to R1,000 plus all Attorneys costs incurred in the collection of overdue payments.

3.4.   Quotations and proposals are only valid in writing and for the period they state. If not stated the period is 30 days from the date the quotation or proposal was written.

3.5.   Any claim cannot exceed the value of the invoice.

4.      Intellectual Property

4.1.   The copyright in the material contained in all proposals and or quotations or any other information between the Seller and the Client belongs to Chictours. All rights are reserved. None of this material may be reproduced or distributed or used without the Seller’s express permission in writing.

5.      Liability

5.1.   The Seller accepts no liability for any property loss or damage, death or personal injury.

5.2.   The Seller shall not be liable to the Client for or be deemed to be in breach of the Chictours Booking Form by reason of any delay in performing or failure to perform any of the Sellers obligations in relation to the Chictours Booking Form if the delay or failure was due to any cause beyond the Seller’s reasonable control and in particular (but without prejudice to the generality of the foregoing).

5.2.1. Weather. In the case of inclement weather, most activities can be re-scheduled at no cost so as to ensure full participation and satisfaction. Should the weather turn foul during the activity, preventing the activity from being completed, the seller will not be held liable.

5.2.2. Wildlife. Sightings of wildlife be it terrestrial or marine are not guaranteed, and the seller will not be held liable for no sightings.

5.2.3. Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, local or other duly constitutional authority.

5.2.4.  The Seller shall not be liable to the Client for a) indirect or consequential     loss or damage (whether for loss of profit or otherwise) costs, b) loss of business profits, c) damage remedied by the seller in reasonable time, c) loss avoidable by the client taking reasonable measures e) all items excluded from the Warranty by “force majeure”) expenses or other claims for consequential compensation whatsoever which arises (whether through the Sellers negligence or otherwise) out of or in connection with the supply; installation; use; dismantling; or removal of the goods and or the service description referred to in the Booking Form.

6.      Force Majeure

6.1.   The Seller is not liable for failure to meet the requirements of the advertised or invoiced tour or Delivery Schedule where failure is caused by circumstances beyond the reasonable control of the Seller examples include strikes, government or regulatory action, natural disasters and supplier/ transport/ production problems.

7.      Cancellation

7.1.   The client shall not be entitled to cancel any Booking that the client shall pay to the seller.

7.2.   In the case of cancellation the full 50% deposit will be forfeited.

8.       Confidentiality

8.1.   Each party must treat all information received from the other marked “confidential” or reasonably obvious to be confidential as it would treat its own confidential information.

9.      Your obligations as a Client – You are responsible for:

9.1.   Providing to the Seller with all reasonable courtesy, information, cooperation, facilities and access to enable the Seller to perform duties, failing which the Seller shall not be obliged to perform any service or assistance.

9.2.    Ensuring the security and return of all equipment, vehicles and accessories supplied where applicable.

9.3.   All such items not returned or returned damaged will be charged to the client at replacement cost.

9.4.   You are liable for all damage caused to vehicles and equipment during the event.

10.     Jurisdiction

10.1.  These terms and conditions are governed by the laws of the Republic of South Africa and the parties submit to the jurisdiction of the Magistrates’ court.

11.  Miscellaneous

11.1.  If any part of the Agreement is found to be invalid or unenforceable by the court the rest is unaffected Chictours may subcontract its obligations to a competent third party otherwise neither party may assign or transfer any obligations or rights.

11.2.  All notices must be in writing (by hand, email, fax or post deemed delivered 72 hours after posting) and sent to the registered office of either party.