GENERAL - Definitions
“Company” - is “Evergreen Excursions”,
or it’s duly authorised Representative/s.
“Client” - is the person, or legal
body with capacity to contract, either directly, or on behalf of
a third party, to receive the Company’s services at an agreed
"Services" - are specified by the Company
in a detailed itinerary, and are either to be supplied direct by
the Company, it’s Agents, or sub contracted third parties.
“Itinerary” - proposals setting out
a daily schedule of services to be provided by the Company, and
including total costs which detail the inclusions and exclusions
relating to said cost.
“Contract” - is constituted when the
Client confirms agreement to the Company’s itinerary in writing.
Once a contract is made between the Company, and the client, it
becomes legally binding on both parties, and subject to the terms
and conditions as set out below.
1. COMPANY RESPONSIBILITIES & OBLIGATIONS
1.1 The Company shall request, and confirm all required services
referred to in the contract.
1.2 In the event of any particular service not being available for
any reason whatsoever, the Company reserves the right to substitute
services of a similar standard.
1.3 The Company shall inform the Client that all services have been
confirmed in terms of either 1.1, and / or 1.2, at which point a
deposit becomes due and payable in terms of Clause 3.1.1
1.4 The Company undertakes to fulfil it’s obligations in terms
of the itinerary, and provide all the services contracted for, except
in circumstances that are beyond the operating control of the Company,
and particularly if they are due to a “force majueure”.
1.5 The Company reserves the right to change, amend, or cancel bookings
during the course of an itinerary in terms of 1.4 should circumstances
make it unavoidable.
1.6 Should change, amendment, or cancellation referred to in 1.5
prove necessary The Company will provide the Clients with as much
notice as is possible, and where possible, offer comparable alternatives.
1.7 Where acceptable alternatives are not available, the Client
will, where possible, be offered a refund of monies paid in respect
of the affected services, subject to any deduction for expenses
that may have been incurred by, and be outside the control of, the
1.8 The Company shall not be responsible for any costs incurred
by the Client in terms of 1.5, and that do not form part of the
original itinerary agreed between the two parties.
2. CLIENT RESPONSIBILITIES & OBLIGATIONS
2.1 The Client agrees to pay the necessary monies due in terms
of clause 3.
2.2 The Client will ensure that all legalities of travel to / from
countries outside country of origin are complied with, including
relevant documentation such as visas, and inoculation requirements
2.3 Whilst the Company will strive to ensure the personal safety
of clients within it’s care as far as can be reasonably expected,
there can be no guarantees, and it is incumbent upon the Client
to also exercise sensible precautions at all times.
2.4 Where special services are required by the Client, whether they
be dietary, cultural, religious etc, the Client will give notice
of such requirements in advance of arrival, and the Company will
do what it
reasonably can to comply with such requests.
2.5 In the event that accommodation and / or third party services
are specifically requested by the client and of which the Company
has no personal knowledge or experience, the Client accepts full
responsibility for the level, and standard of such accommodation,
and services provided.
2.6 It is the Client’s responsibility to ensure that adequate,
and appropriate personal insurances are inplace, including medical,
and repatriation insurance in the event of injury, death, or unforeseen
curtailment and /or cancellation.
3.1 All costs are quoted in South African Rand, and subject to
3.1.1 Deposit of 30% of total price due and payable at time of confirmation
as in clause 1.3.
3.1.2 Balance becomes due and payable 45 days from date of commencement
3.1.3 Direct Bank transfer is the preferred method of payment.
3.1.4 Credit card payments can be made, with a 5% surcharge to contracted
3.1.5 Any discrepancy due to currency fluctuations to be settled
prior to commencement of itinerary.
3.2 For itineraries confirmed within 45 days of commencement, full
amount is payable immediately.
4.1 Notice of cancellation by the Client shall be in writing and
subject to the following penalties:
4.1.1 Cancellation 46 Days and more - Deposit forfeited.
4.1.2 Cancellation 30 to 45 days - 25% of balance forfeited
4.1.3 Cancellation 15 to 29 days - 50% of balance forfeited
4.1.4 Cancellation 8 to 14 days - 75% of balance forfeited
4.1.5 Cancellation 1 to 7 days - 100% of balance forfeited
4.2 Due to contractual obligations with third party service suppliers,
the Company reserves the right to cancel the contract, and all it’s
obligations therein, without notice, if the terms of clause 3 are
not complied with by the Client.