Terms and Conditions
STANDARD TERMS AND CONDITIONS OF CONTRACT OF FOURWAYS GARDENS GUEST ESTATE
1. Interpretations, in these standard terms and conditions of contract:
a. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate;
b. unless the context clearly indicates a contrary intention, words importing one gender includes the other two genders, the singular includes the plural and vice-versa, and natural persons include created entities (corporate or incorporate) and vice-versa;
c. “Fourways Gardens Guest Estate” means Mrs. Jean Wade trading as Fourways Gardens Guest Estate
d. “the client” means the person / s named on the reservation/confirmation form (whether it be a provisional or confirmed reservation form) and who contracts with Fourways Gardens Guest Estate on the terms and conditions hereunder. The client shall also include any agent who makes any booking of third party clients in respect of a reservation. Such agent, as well as the persons named on the provisional and the confirmed reservation form, shall be jointly and severally liable to Fourways Gardens Guest Estate for the performance of their obligations in terms of these standard trading conditions, as well as any contract / s made pursuant thereto;
e. “services” means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in Africa. Such services include, but shall not be limited to the procurement by Fourways Gardens Guest Estate, acting solely as agent for the client, with third party service providers, of hotel, lodge, backpackers’ and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the a foregoing.
2. APPLICABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
All and any business or contracts undertaken or advice, information or services rendered by Fourways Gardens Guest Estate, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
3. Fourways Gardens Guest Estate ACTING AS AGENT ONLY
In terms of these standard trading conditions, and any contract /s concluded pursuant hereto, Fourways Gardens Guest Estate acts as agent only for and on behalf of the client in procuring the services. As such, Fourways Gardens Guest Estate shall procure the services for and behalf of the client as agent for it with relevant third party service providers concerned. Fourways Gardens Guest Estate shall, under no circumstances, be liable for the acts and omissions of the relevant third party suppliers concerned.
4. QUOTATIONS, PAYMENT AND CURRENCY FLUCTUATIONS
4.1 All quotations given by Fourways Gardens Guest Estate in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of Fourways Gardens Guest Estate, shall be in the currency of South African Rand. Such quotations shall be inclusive of South African value added tax (where applicable). Acceptance of any quotation by a client shall be in writing. Fourways Gardens Guest Estate reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party suppliers, such as airlines, providers of accommodation and transportation and other third party suppliers, in respect of the services.
4.2 Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the auditor of Fourways Gardens Guest Estate for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final and binding on Fourways Gardens Guest Estate and the client, and accordingly not subject to appeal.
4.3 All payments to be made by a client to Fourways Gardens Guest Estate shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to Fourways Gardens Guest Estate by way of cash, direct transfer, and forex transfer. The client shall provide Fourways Gardens Guest Estate forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice. The relevant reference number for the booking shall at all times be reflected on the proof of payment.
4.4 All payments due by a client to Fourways Gardens Guest Estate shall be made no later than 24 hours after confirmation of a booking by a client.
4.5 Although Fourways Gardens Guest Estate strives to ensure that all rates displayed on sites are correct and accurate, Fourways Gardens Guest Estate reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties/ property groups, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to Fourways Gardens Guest Estate, on demand.