Guiding & Residency Terms

THE PARTIES

1.1 The “Facilitator” is Andrew Aveley trading as Andrew Aveley Safari, Travel and Photography with address and contact details for purposes of these terms and conditions at 10 Kamassi Street, Knysna, South Africa.

1.2 The “Client” refers to all individual persons who themselves book, or on whose behalf any bookings are made, for any Private photographic Guiding, hosting and or Photographic residencies, organized and/or hosted by the Facilitator.

THE CONTRACT

2.1 These terms and conditions are applicable to all Private photographic Guiding, hosting and or Photographic residencies facilitated, presented, organized and/or hosted by the Facilitator.

2.2 By effecting payment of any deposit and/or the full cost of any Workshop and/or Safari the Client unconditionally:-

2.2.1 consents to these terms and conditions, as read with all additional information and terms and conditions as reflected on the website (www.andrewaveley.co.za) of the Facilitator at the time the Client effects payment of the deposit payable, as well as the information and terms contained in the Booking Confirmation Form and considers himself or herself legally bound hereby without any reservation or suspensive condition;

2.2.2 confirms that he/she has read these terms and conditions and fully understands and appreciates the contents hereof; and

2.2.3 confirms that he or she has received a digital and/or printed copy of these terms and conditions.

2.3 Should payment of any deposit and/or the full cost of any Private photographic Guiding, hosting and or Photographic residencies be affected by a person and/or entity other than the Client himself or herself who will attend thePrivate photographic Guiding, hosting and or Photographic residencies, the provisions of clause 2.2 will be mutatis mutandis applicable to such Client.

GENERAL

3.1 A non-refundable booking fee of 15% for any Private photographic Guiding, hosting and or Photographic residencies is payable immediately when any booking is made. Any booking received without the required fee will be considered as invalid, unless the Facilitator confirms the contrary to the Client in writing, without the Facilitator having any legal or other obligation to do so. This booking fee will be dedicated from the final payment due after completion of the Private photographic guiding, hosting and or Photographic residencies.

3.2 The balance of the full amount due by the Client for any Private photographic Guiding, hosting and or Photographic residencies shall be payable not less than 21 days before the first day of the Private photographic Guiding, hosting and or Photographic residencies, whichever is the earliest.

3.3 If the full amount due is not paid as provided for in clause 3.2 supra, the booking will automatically lapse and be considered as cancelled, unless the Facilitator confirms the contrary to the Client in writing, without the Facilitator having any legal or other obligation to do so.

3.4 All bookings made less than 2 (TWO) weeks prior to the first day of the Private photographic Guiding, hosting and or Photographic residencies, whichever is the earliest, must be paid in full immediately when the booking is made.

3.5 Any change or amendment to any booking will only be considered as being valid and binding between the parties if and when the Facilitator accepts and confirms such change or amendment in writing, without the Facilitator having any legal or other obligation to do so.

3.6 Should the Client amend his or her booking at any stage, in any way whatsoever, the Facilitator reserves the right to charge an amendment fee and any such change or amendment will only be considered valid and binding between the parties if and when such amendment fee has been paid and the amendment confirmed in writing by the Facilitator.

3.7 If a booking is cancelled by the Client the following terms and conditions will apply:-

3.7.1 The Client will be liable for payment of all cancellation fees charged by any land-, sea- or air transport contractor and any other subcontractors utilised by the Facilitator, including but not limited to those utilised for accommodation, dining and photographic tutoring;

3.7.2 If cancelled less than 45 days prior to the first day of the Private photographic Guiding, hosting and or Photographic residencies, whichever is the earliest, the Facilitator will be due to an administration fee of 25% of the booking to be paid by the Client;

3.7.3 If cancelled less than 30 days prior to the first day of the Private photographic Guiding, hosting and or Photographic residencies, whichever is the earliest, the Facilitator will due to 50% of the total booking value to be paid by the Client

3.7.4 If cancelled less than 14 days prior to the first day of the private photographic Guiding, hosting and or Photographic residencies, whichever is the earliest, the Facilitator will be du to the total booking value to be paid by the Client

3.8 The Facilitator will be entitled to cancel any Private photographic Guiding, hosting and or Photographic residencies prior to its commencement, without having any obligation of whatsoever nature to inform the Client of his intention to do so in advance. In such an event the Facilitator will be obliged to refund all monies received from the Client, without any deduction of whatsoever nature.

3.9 In the event of the Facilitator being unable to facilitate, present, organise and/or host any Private photographic Guiding, hosting and or Photographic residencies for medical reasons or any other reason whatsoever which could not reasonably have been foreseen by the Facilitator, the Client consents to and acknowledges that the Facilitator will be entitled to appoint a representative and nominee with the necessary skills, knowledge and experience reasonably required to facilitate, present, organise and/or host any Private photographic Guiding , hosting and or Photographic residencies in respect of which a deposit or all cost have already been paid by the Client.

3.10 In the event of the Facilitator being unable to facilitate, present, organise and/or host any Private photographic Guiding, hosting and or Photographic residencies as stated in clause 3.9 supra, the Facilitator will be obliged to inform the Client in writing immediately upon obtaining knowledge that such a situation will present itself.

3.11 If the Facilitator informs the Client in writing that he will be unable to facilitate, present, organise and/or host any Private photographic Guiding, hosting and or Photographic residencies as stated in clause 3.10 supra more than 6 (SIX) weeks prior to the first day of the Private photographic Guiding, hosting and or Photographic residencies, whichever is the earliest, the Client will be entitled to cancel the booking and receive a full refund of all monies paid by the Client, should he or she not be willing to attend a Private photographic Guiding , hosting and or Photographic residencies facilitated, presented, organised and/or hosted by the representative/nominee of the Facilitator.

3.11 The Client will not be entitled to any refund of whatsoever nature, should he or she fail to attend any Private photographic Guiding, hosting and or Photographic residencies, or fail to utilise the travel and accommodation arrangements, facilities and services booked with the Facilitator on his or her behalf, for any reason whatsoever.

3.12 The Client acknowledges that the Facilitator provides him or her with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines and other transport contractors. The Facilitator represent such principals only as agents only and accordingly accepts no liability for any loss, damage, injury or death which any Client may suffer as a result of any act or omission on the part of or the failure of such principals to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by such principals (which is often constituted by the ticket issued by the principal), shall constitute the sole contract between the principal and the Client and any right of recourse the Client may have, will be solely against such principal.

3.13 All insurance, including travel-, medical-, general short-term insurance and any other insurance of whatsoever nature is the sole responsibility of the Client and the Facilitator will not be obliged to ensure that the Client has the necessary insurance and will not be responsible for any loss or damage of whatsoever nature which the Client might suffer whilst attending a Private photographic Guiding, hosting and or Photographic residencies.

3.14 The Client acknowledges that the costs and itinerary specified in the Booking Confirmation Form, may be varied by the Facilitator without notice to the client and at the discretion of the Facilitator and provided the itinerary and costs are not substantially different from the itinerary that the Client anticipated enjoying and the Client will not be entitled to cancel the booking for this reason.

3.15 The Client acknowledges that increases in costs may occur inter alia due to an increase in airline tariffs, fuel costs, game reserve fees, or a fluctuation of exchange rates. Should the group number fall below the minimum number required for the booking, the Facilitator reserves the right to re-cost the fare and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Facilitator reserves the right to cancel the booking of such Client or the Private photographic Guiding, hosting and or Photographic residencies as a whole and retain all monies paid by any Client.

3.16 The Client acknowledges that it is his or her sole responsibility to ensure that he or she is in possession of the necessary travel documents that may be required in respect of the proposed Private photographic Guiding, hosting and or Photographic residencies and the itinerary, as well as all health and other certificates that may be required from time to time. The Facilitator will endeavour to assist the client but such assistance will be at the Facilitator’s discretion and the Client acknowledges that in doing so, the Facilitator is not assuming any obligation or liability and the Client indemnifies the Facilitator against any consequences of whatsoever nature as a result of any non-compliance.

3.17 The Client agrees that he or she, including his or her heirs, executors, and administrators or assigned, will have no claim of whatsoever nature and howsoever arising against the Facilitator as a result of and from the Client attending any Workshop or Safari facilitated, organised and/or hosted by the Facilitator, including but not limited to any claim as a result of bodily injury or financial loss to and the death of the Client, whether or not the aforesaid are the result of the negligence or gross negligence of the Facilitator or any of its duly authorised representatives, employees, assistants or agents.

3.18 The Facilitator will be entitled to appointment sub-contractors and/or agents to arrange and book travel, accommodation and dining facilities as he deems fit in his sole discretion.

3.19 The Facilitator will be entitled to appoint any individuals with the necessary skills, experience and knowledge which are reasonably required to assist him with Workshops and/or Safaris and the involvement of any of these appointed individuals will not in any way whatsoever entitle the Client to any refund of monies paid in respect of such Workshop and/or Safari.

3.20 The content captured , recorded and obtained while Private photographic guiding , hosting and or photographic residencies, including but not limited to all trademarks, articles, photographs, drawings, graphics, logos, images, cinematographic films, video clips and text, are the intellectual property of Andrew Aveley and may not be reproduced, adapted, distributed, sold, published, stored, broadcast, modified, transmitted or recorded in any way without prior written consent from the Facilitator, which consent can be obtained via email from Andrew@AndrewAveley.co.za. Any unauthorised reproduction, storage, sale, adaptation, distribution, publication, broadcasting, modification, transmission or recording of the content from a Private photographic guiding, hosting and or Photographic residencies or any part thereof, including digital images or image prints, will constitute copyright infringement under South African and International Law, International Copyright Law, Berne Convention and WTO Trips Agreement apply

3.21 The Facilitator agrees to provide the Client suitable content ( if available ) obtained while Private photographic guiding, hosting and or photographic residencies for use on social media platforms and editorial pieces relating to the service and or project. This to be supplied in a realistic and agreed upon time frame. The client agrees to make suitable credit line available on this content when used as described. Where possible the images to reflect the Facilitators watermark and or copyright notice. If and when there is any breakdown in the contract for any reason, the Facilitator will no longer be required to provide content in any shape or form to the client. This includes non-payment, breach of contract or any unprofessional conduct by the client.

3.22 The Client agrees that all any additional services and or photographic work outside of the standard material obtained while Private photographic guiding, hosting and or photographic residencies requested or required will be covered by point 5.1. The client further agrees that the Facilitator has full rights to use the content as he requires for stock and or commercial purposes.

3.23 The Client agrees to cover any and all costs incurred by the Facilitator in making this content available to the client or any agreed upon third party. The costs to be presented in the form of a written quotation prior to the commencement of the project and payment will breeder in full before delivery of the content

ENTIRE AGREEMENT, NON-WAIVER AND APPLICABLE LAWS

4.1 These terms and conditions, as read with the additional information and terms and conditions as reflected on the website of the Facilitator (www.andrewaveley.co.za) at the time the Client effects payment of the deposit payable, as well as the information and terms and conditions contained in the Booking Confirmation Form which will be forwarded to the Client once the deposit has been paid, constitute the entire agreement between the Facilitator and the Client.

4.2 No terms at variance with these terms and conditions, whether express, implied or tacit, including any variation or cancellation of this clause, will be binding on the parties unless reduced to writing and signed by the Facilitator or his duly appointed agent and/or representative, the appointment of which can only be proved by a written letter of authority duly signed by the Facilitator.

4.3 No liability whatsoever shall arise on the part of the Facilitator for any representation or warranty made or alleged to have been made at any time in respect of the Workshops and/or Safaris, which forms the subject matter of these terms and conditions.

4.4 Any condonation of any breach of any of the provisions of these terms and conditions, or other act or relaxation, indulgence or grace on the part of the Facilitator will not in any way operate as, or be deemed to be, a waiver by the Facilitator of any of his rights under the said agreement, or be construed as a novation hereof.

4.5 All transactions, whether payment is made online or otherwise, will be regarded as having been concluded within the boundaries of the Republic of South Africa and will be regulated by and be subject to the exclusive application of South African law.

4.6 All legal proceedings arising from or as a result of any transaction must be instituted in the Republic of South Africa, in accordance with clause 4.5 supra.

4.7 A certificate signed by the Facilitator reflecting any amount owing by the Client the Facilitator and relating to the Client’s dealings with the Facilitator, and of the fact that such amount is due owing and unpaid, shall be prima facie proof of the effects therein stated.

4.8 Should the Client not comply with its obligations in terms of these terms and conditions, the Client will pay all costs incurred by the Facilitator in any action against him or her in any competent court, including costs on an attorney and own client scale and collection commission.

4.9 The client acknowledges that all electronic communications and transactions between the parties are governed by the Electronic Communications and Transactions Act No. 36 of 2005 and are legally binding on the parties as provided for in the said Act.

4.10 – These terms and conditions are subject to change

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