Trading Terms

1. GENERAL TERMS

The And Beyond Group of Companies, which for purposes of this agreement will be deemed to include by means of incorporation And Beyond South Africa Proprietary Limited, And Beyond Kenya Limited, India Safari &Tours Limited, And Beyond Bhutan Limited and And Beyond Chile SpA, being a luxury experiential travel company which carries on business as such throughout Africa (i.e. South Africa, Namibia, Botswana, Kenya, Tanzania and Mozambique), South Asia (i.e. India, Sri Lanka, Nepal and Bhutan) and South America (Argentina, Chile, Peru, Ecuador & Bolivia).

  • 1. The placement of any booking/s, whether by means of electronic mail or otherwise, shall be deemed to be confirmation that the Terms have been read and the Guest agrees to be bound by the terms.
  • 2. Unless otherwise notified by andBeyond, the Trading Terms apply for the period covered by this Agreement in relation to all operational divisions of andBeyond unless otherwise indicated.

2. CONDITIONS: ANDBEYOND TOURING SERVICES

(Note: Whilst andBeyond has used its best endeavours to standardise these Trading Terms, there may be instances where, with specific reference to third party supplier Bookings, it may be necessary to vary the payment and/ or other terms, in which event the Guest will be notified at the time the Booking is made).

2.1 GENERAL

2.1.1. Final itineraries will reflect the following:

  • 2.1.1.1. Accommodation;
  • 2.1.1.2. Room type(s) and specification;
  • 2.1.1.3. Meals and/ or beverages included, where and if applicable;
  • 2.1.1.4. Transfers and or transport where specified.

2.1.2. Itineraries relating to a Tour / Tour Series may be subject to change at any time (even after issue) due to unforeseen circumstances beyond the control of andBeyond. This includes Travel, Accommodation and Activities. Every effort will be made to operate itineraries as planned.

2.1.3. andBeyond reserves the right to make alterations to and/ or withdraw a Tour / Tour Series or any part of it as is deemed necessary, and to pass on to the Guest any expenditures or losses caused by delays or events beyond our control. In case of any variation in pricing due to these circumstances, andBeyond reserves the right to make adjustments to the itinerary of the Tour costs as necessary.

2.1.4. Provision for the handling of baggage by andBeyond will be as per the quotation. Weight restrictions for baggage on some routes on internal/domestic flights may apply, details of which will be provided with documentation.

2.1.5. Safekeeping of baggage and personal effects shall at all times remain at the Guest’s risk. andBeyond will assume no liability for lost or damaged baggage.

2.1.6. It will be the Guest’s responsibility to verify with the relevant international carrier the extent of baggage restrictions which may apply.

2.1.7. Guests travelling with andBeyond in Africa and South America are covered under andBeyond’s medical emergency evacuation insurance cover. Should it be required to evacuate the Guest, it shall be the Guests’ responsibility to ensure sufficient medical and travel insurance cover is in place to cover in-hospital medical expenses and associated costs once admitted to hospital.

2.1.8. By virtue of the fact that andBeyond sub contracts all flying services to independent operators, andBeyond cannot accept any responsibility in respect of any delay in flights and / or any inaccuracies of flight schedules which may occur.

2.1.9. andBeyond reserves the right to take photographs during the operation of any tour and use them for promotional purposes. By booking a Tour with andBeyond it will be deemed that Guests have consented to the use by andBeyond of any photographic image taken of them whilst on tour. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.

2.2 PRICING

2.2.1. Price of the Tour shall include andBeyond’s fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchange and tariffs and VAT at the relevant rate where applicable.

2.2.2. Scheduled Activities will include entrance fees where stipulated. The price will be subject to revision in event of significant changes in foreign currency, tariff rates, taxes etc.

2.3 EXCLUSIONS

Unless expressly included, all and any cost (without limitation) of obtaining passports, visas, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the tour pricing.

2.4 BOOKING PROCESS

2.4.1. The Guest is responsible for informing andBeyond of any Booking, Confirmations, Booking Amendments, Reductions or Cancellations of rooms or services in writing by e-mail to enable andBeyond to make the required itinerary arrangements. The onus of proof of delivery will rest on the Guest.

2.4.2. Provisional booking periods are determined by third party suppliers. andBeyond reserves the right to release reservations.

2.4.3. andBeyond will, at the request of the Guest in writing, attempt to extend provisional bookings. Any extension of any provisional period will, however, at all times remain the sole and unfettered discretion of third party suppliers.

2.4.4. The Guest should be in possession of the required deposit payment and travel insurance before confirming any Reservation with andBeyond, the latter can be facilitated through andBeyond with a third party;

2.4.5. Upon confirmation the Guest’s passport nationality will be required, which information will be used solely for market data purposes.

2.4.6. Confirmed Reservations are invoiced with payment required as per the provisions of clause 3.2 for Independent Travellers and clause 3.3 for Groups. Where Touring Services have been booked the final invoiced amount will be inclusive of an itinerary planning and arranging fee, handling and operational fee and VAT where applicable but exclusive of the cost of obtaining passports, visas, excess luggage and items of a personal nature unless expressly included;

2.4.7. Confirmed Accommodation will be subject to the appropriate payment and cancellation policy as set out in clauses 2.4.8.7 and 3.2 for Independent Traveller reservations or clauses 2.4.8.8 and 3.3 for Group Reservations;

2.4.8. Amendment, Reduction, Refund and Cancellation Policy

  • 2.4.8.1. An amendment will refer to a change in travel / arrival date and / or an increase or reduction in number of rooms or services required, after confirmation;
  • 2.4.8.2. All amendments made will be subject to the cancellation policy;
  • 2.4.8.3. Reservations held by andBeyond where no deposit has been paid or where no guarantee has been given will be cancelled by andBeyond on notice to the Guest;
  • 2.4.8.4. All amendments, reductions, refunds and cancellation for Independent Travellers will be determined in the sole and unfettered discretions of the suppliers utilized in any itinerary;
  • 2.4.8.5. Refunds will not be made for any missed services in respect of the Tour / Tour Series;
  • 2.4.8.6. In the event of cancellation of a Booking, andBeyond shall be entitled to retain such portion of the Booking as may be prescribed by relevant consumer protection legislation (if applicable) in operation in the Country of jurisdiction where the Booking is made or Confirmed by andBeyond;.
  • 2.4.8.7. On cancellation of a confirmed Independent Traveller/s reservation andBeyond will be entitled to:
    Between Confirmation and 60 days prior to arrival – 30% of total invoice value
    Between 60 days and arrival – 100% of total invoice value
    Cancellation during travel or stay – 100% of total invoice value
  • 2.4.8.8. On cancellation of a confirmed Group Reservation andBeyond will be entitled to:
    Greater than 151 days prior to arrival – 30% of total invoice value
    Between 150 and 91days prior to arrival – 60% of total invoice value
    Less than 90 days prior to arrival -100% of total invoice value
    Cancellation during travel or stay – 100% of total invoice value
  • 2.4.8.9. All amendments, reductions, refunds and cancellation policies for Groups will be determined at the sole and unfettered discretions of the suppliers utilized in any itinerary.
  • 2.4.8.10. Please refer to the payment policy relating to Independent Travellers (refer to clause 3.2) and Groups (refer to clause 3.3).

3. PAYMENT POLICY

3.1 GENERAL

3.1.1. Unless prior arrangements have been made with andBeyond the Guest shall at all-times remain solely liable and responsible for the payment of all invoices issued by andBeyond in respect to Confirmed Reservations, as well as the payment of any cancellation fees due.

3.1.2. Payment shall be effected by electronic fund transfer into accounts as provided at time of Confirmation or via secure online payment portal.

3.1.3. andBeyond reserves the right to request payment by credit card or PayPal to secure all short lead time bookings which have been confirmed within 7 (seven) days of travel.

3.1.4. It is acknowledged by the Guest that, with specific reference to Touring Services which are arranged by andBeyond pursuant to this Agreement, certain portions of said Touring Services may be exempt from VAT, whilst other portions may be subject to VAT at the standard or zero rate. To this end the Guest agrees that prices and /or the fees charged by andBeyond in respect of Touring Services are inclusive of VAT at the relevant rate, if applicable, but exclusive of any other taxes.

3.1.5. Should the Guest fail to effect any payment on due date or breach any of the other Trading Terms , andBeyond shall, be entitled to:

  • 3.1.5.1. Cancel the Booking and take such action as may be deemed necessary to recover the full amount owing to andBeyond, and / or;
  • 3.1.5.2. Cancel any future Bookings made by the Guest, and / or;
  • 3.1.5.3. Recover from the Guest any costs incurred due to late cancellation, and / or;
  • 3.1.5.4. Refuse to accept any further bookings from the Guest, and / or;
  • 3.1.5.5. Request payment from Guests on arrival prior to the rendering of any Touring Services , and / or;
  • 3.1.5.6. Levy a charge on all overdue account balances at a rate that is equal to the quoted prime lending rate of the country or countries where the Touring services will be conducted as published from time to time by andBeyond’s bank and / or;
  • 3.1.5.7. Apportion credits due to the Guest and apply to any amounts which may be due to andBeyond in terms of these Trading Terms.
3.2 INDEPENDENT TRAVELLERS

3.2.1. The following specific payment policy applies:

  • On Confirmation within 7 days – 30% of total invoice value
  • Reflecting in the account at 60 days before arrival remaining 70% of total invoice value

3.2.2. In addition to the deposit payment all flights, where required would need to be paid in full.

3.3 GROUPS

3.3.1. The following Group payment terms apply and exclude any other payment conditions agreed for Independent Travellers. Deviations to this payment condition are agreed by exception:

  • Deposit due within 14 days of confirmation for reservations 1 year and greater from date of travel – 30% of total invoice value
  • Deposits due within 14 days of confirmation for reservations less than 1 year from date of travel
  • Due at 150 days prior to arrival – An additional 30% of total invoice value
  • Due at 90 days prior to arrival – Final 40% of total invoice value

3.3.2. In addition to the deposit payment all flights, where required would need to be paid in full.

4. BANKING DETAILS

4.1 Electronic transfers or bank drafts drawn must be in favour of the andBeyond entity as listed on the relevant invoice provided by andBeyond as these will vary per andBeyond entity transacted with.

4.2 A copy of the MT103 deposit slip or bank stamped draft, together with the appropriate Guest / Group details, Reservation number and invoice number must be faxed or emailed to the andBeyond reservations consultant being dealt with.

5. GUEST RESPONSIBILITIES

5.1 THE GUEST SHALL:

5.1.1. Provide at time of confirmation their nationality, which information is to be used for market data purposes only;

5.1.2. Adhere strictly to the provisions of the Trading Terms;

5.1.3. Not knowingly engage in any distribution or trade practice or advertising method which will be harmful to andBeyond;

5.1.4. Without delay, communicate all Bookings and / or cancellations to andBeyond in writing by e-mail;

5.1.5. Promptly comply with any reasonable instruction given by andBeyond;

5.1.6. Ensure they take out comprehensive travel insurance covering them for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment;

5.1.7. Ensure they have the necessary and correct passport, visa and vaccination requirements to cover all the countries into which travel is planned;

5.1.8. Seek medical advice regarding prophylaxis and vaccination requirements for countries and regions into which travel is planned;

5.1.9. Understand that in some cases their travel may take them into isolated regions and in close proximity with wildlife. Guests will be required to sign a conditions and waiver form at the time of their trip;

5.1.10. At time of Booking provide all special requests or preferences;

5.1.11. The Guest shall at all times be solely responsible for ensuring that all payments due to andBeyond are received timeously by andBeyond in accordance with the provisions of the Trading Terms.

6. ANDBEYOND RESPONSIBILITIES

6.1 ANDBEYOND SHALL:

6.1.1. Have the responsibility of planning and arranging itineraries, provide quotations, make Reservations, Confirmations, invoicing and credit control relating to the Tour and / or Tour Series;

6.1.2. Stipulate all accommodation, room types, specifications, transfers provided on arrival and departure from airport to hotel and return when specified in the itinerary;

6.1.3. Be entitled to change travel arrangements (e.g. flights), accommodation and arranged activities due to unforeseen circumstances after the itinerary has been issued. Should this occur andBeyond will inform the Guest. Every effort will be made to operate the tour as planned;

6.1.4. Make every effort to secure special requests, however these cannot be guaranteed;

6.1.5. Promptly supply the Guest with brochures, information and marketing collateral the Guest may require;

6.1.6. On request, provide to the Guest proof of any insurance policies taken out in andBeyond’s name; and

6.1.7. Ensure that all brochures, advertising material and other documents of whatever nature supplied to the Guest are accurate and fully comply with all applicable laws, regulations, rules and codes of practice.

7. BREACH

7.1. The Parties shall be entitled, without prejudice and in addition to any rights which they may have in terms of this agreement or in Law applicable within the Applicable Jurisdiction forthwith to cancel this agreement or to uphold this agreement and in either event to claim such damages as it may have suffered in the event that the other Party:

7.1.1. commits a breach of any of the terms of the Trading Terms, and fails to remedy such breach within a period of 7 (seven) days after receipt by it of written notice from the other Party calling for such breach to be remedied; or

7.1.2. takes steps to enter into a compromise with any of its creditors or takes steps or has steps taken against it for liquidation, winding up, deregistration or judicial management; or

7.1.3. prior to or during the currency of these Trading Terms, commits or has committed an act of insolvency or an act which would be an act of insolvency as governed by relevant insolvency Laws applicable within the Applicable Jurisdiction and /or, in the case of the Client, relevant insolvency legislation in the country of domicile (i.e. registration and incorporation) of the Client; or

7.1.4. fails to satisfy any judgment taken against it and of which it is aware and fails, within 10 (ten) calendar days of the date on which the judgment is granted or the date on which it becomes aware of the judgment, whichever is the latter, to take such steps and to continue to take such steps as may be necessary to have the judgment set aside, or, having taken such steps, fails to satisfy the judgment within 10 (ten) calendar days after the date on which it becomes final.

7.1.5. If the Guest fails to timeously pay to andBeyond any amount due to andBeyond as set out in the Trading Terms, and fails to remedy such breach within a period of 3 (three) Business Days after receipt by it of written notice from andBeyond calling for such breach to be remedied, andBeyond shall be entitled, without prejudice, to its rights in terms of the trading terms, or in law, to terminate these Trading Terms and claim such damages as it may have suffered, and to cancel any Reservations that may have already been made for the Guest.

8. WAIVER AND INDEMNITIES

8.1 For purposes of this clause 8:

8.1.1 the term “Guest” shall include the Guest, its beneficiaries, estate, directors, partners, members, employees, agents, servants, assignees, and/or successors in title;

8.1.2 the term “Claims” shall include all and any claims, payments, demands, actions, causes of action, losses and expenses, including all and any future and unascertained damages;

8.1.3 the term “Third Party” shall include any party who does not have a direct connection with this agreement but might be affected by it, and includes Third Party Service Providers;

8.1.4 the term “Third Party Service Provider” shall include any party who does not have a direct connection with this agreement who has been engaged to carry out and operate part of the Tour; and

8.1.5 the term “Third Party Claim/s” shall include all and any claims, payments, demands, actions, causes of action, losses and expenses, including all and any future and unascertained damages that any party who does not have a direct connection with this agreement but might be affected by it may have.

8.2 The Guest acknowledges that:

8.2.1 the Tour / Tour Series or part thereof may be inherently dangerous, including but not limited to visiting isolated regions, being in close proximity to wildlife, chartered Travel and participating in activities related to the conservation of game;

8.2.2 parts of the Tour / Tour Series may be carried out and operated by Third Party Service Providers and that andBeyond does not accept any responsibility for the performance of these parts of the Tour / Tour Series;

8.2.3 Guests may be required to accept additional terms and conditions, which may include exclusions or limitations of liability before commencing certain activities or embarking on certain travel;

8.2.4 Safekeeping of baggage and personal effects shall at all times remain at the Guest’s risk and that andBeyond assumes no liability for lost or damaged baggage.

8.3 The Guest hereby agrees to hold harmless andBeyond from for and against all Claims, arising from or following or in any way connected to the following:

8.3.1 this agreement;

8.3.2 the Booking;

8.3.3 the Tour / Tour Series or any part thereof;

8.3.4 all and any statutory or strict liability;

8.3.5 all and any negligent acts (excluding gross negligence) or omissions of andBeyond ;

8.3.6 all and any acts or omissions of any other party, including but not limited to Third Party Service Providers (not limited to negligent acts); or

8.3.7 all and any extraneous events including but not limited to rain, storm water, hail, lightening, fire, riots and strikes.
(Note: The effect of this clause is that the Guest abandons any Claims that it may have against the andBeyond arising from, following or in any way connected to the items listed at clauses 8.3.1 to 8.3.7 (above).

8.4 The Guest hereby agrees to indemnify andBeyond from, for and against all Claims, which may be taken or made by a Third Party, arising from or following or in any way connected to the following:

8.4.1 this agreement;

8.4.2 the Booking;

8.4.3 the Tour / Tour Series or any part thereof; or

8.4.4 the conduct of the Guest.

(Note: The effect of this clause is that if any Third Party makes or brings a Third Party Claim against andBeyond connected to this Agreement, the Tour or any part thereof or the conduct of the Guest, the Guest will be responsible to pay to andBeyond the value of the Third Party Claim).

8.5 The Guest hereby agrees to indemnify andBeyond from, for and against any legal or other expenses which may be incurred as a result of and/or in consequence of any Third Party Claim arising from or following or in any way connected to this Agreement, the Tour or any part thereof or the conduct of the Guest.

(Note: the effect of this clause is that if any Third Party makes or brings a Third Party Claim against andBeyond arising from or following or in any way connected to this agreement, the Tour or any part thereof or the conduct of the Guest, in addition to being responsible to pay the value of the Third Party Claim, the Guest will be responsible to pay to andBeyond the cost of any legal or other expenses that may be incurred as a result of the Third Party Claim).

9. FORCE MAJEURE

9.1. If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under the Trading Terms for any cause beyond the reasonable control of that Party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods and acts of God), the Party so affected shall be relieved of its obligations hereunder during the period of that event and shall not be liable for any delay or failure in the performance of any obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from such delay or failure, provided that written notice of the inability to perform shall be given by the Party so affected within 48 (forty eight) hours of the occurrence constituting force majeure.

9.2. The Party invoking force majeure shall use its best endeavours to terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other Party.

10. DISPUTE RESOLUTION

10.1. In the event of any dispute, controversy or claim (a “Dispute”) as to the rights and obligations of the Parties or as to any other matter arising from or out of or that in any way is related to the trading terms, including any question as to its existence, validity or termination, the Parties shall attempt in good faith to resolve the Dispute between themselves.

10.2. If the Parties are unable to resolve a Dispute by mutual agreement within 14 (fourteen) days after the Dispute is first communicated in writing by any Party to the others, then the Dispute shall be submitted to and decided by arbitration in accordance with the Applicable Laws governing arbitration proceedings within the Applicable Jurisdiction.

10.3. The provisions of this clause 10 shall not preclude any Party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process.

11. GENERAL

11.1. If any provision of the Trading Terms is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

11.2. Neither Party, nor trustee, provisional liquidator, liquidator, provisional judicial manager, or judicial manager of any Party, may, without the express written consent of the other Party, cede or delegate any of its rights and/ or obligations in terms of this Agreement except as provided for in clauses 15.1 and 15.2.

11.3. Each Party shall co-operate with the other and execute and deliver to the other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purposes.

11.4. No failure by a Party to enforce any provision of the Trading Terms shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

11.5. The Guest acknowledges that, subject to Applicable Laws and andBeyond’s Privacy Policy, andBeyond may electronically collect, store and use personal information, including the Guest’s name/s, contact details, email addresses, IP addresses etc. for the purpose of carrying out any Tour and will acknowledge that andBeyond may retain such personal information for as long as is necessary or legally required in order to render services under the Tour or Tour Series or as may be required to comply with relevant statutory obligations under Applicable Laws.

11.6. Except to the extent of its own gross negligence, recklessness or wilful misconduct, andBeyond will not be responsible for any damages suffered by the Guest as a result of the transmission of confidential or other information disclosed to andBeyond through the Internet.

12. NOTICES AND ADDRESSES

12.1 Notices

Any notice, consent, approval or other communication in connection with this agreement (“Notice”) will be in writing in English.

12.2 Addresses

12.2.1 Each Party chooses the physical address and/or email address corresponding to its name below as the address to which any Notice must be sent.

12.2.1.1 andbeyond:

Physical address:
164 Katherine Street
Pinmill Farm, Block F
Sandown
2196
South Africa

Email address: legal@andBeyond.com
Marked for the attention of: Group Legal and Compliance Officer

12.2.1.2 Guest:
The details provided by the Guest as his/her/its physical address and /or email on the cover page of the Trading Terms alternatively in the event of the Trading Terms not having been signed by the Guest the physical address and /or email address as provided by the Guest at the commencement of the Booking process.

12.2.2 Any Party may by Notice to the other Party change its address and/or the person, if any, for whose attention any Notice must be marked in clause 12.2.1.

12.3 Any Notice takes effect when received by the recipient (or on any later date specified in the Notice) and, unless the contrary is proved, is deemed to be received:

  • 12.3.1 on the day of delivery, if delivered by hand to a responsible person at the recipient’s physical address in clause 12.2.1. If delivery is not on a Business Day, or is after ordinary business hours on a Business Day, the Notice shall be deemed to have been received on the Business Day after the date of delivery; and
  • 12.3.2 on the first Business Day after the date of transmission, if sent by email to the recipient’s email address in clause 12.2.1.

Despite anything to the contrary in this agreement, a Notice actually received by a Party is effective even though it was not sent, or delivered, or sent and delivered to its address in clause 12.2.1.

12.4 Service of Legal process:

  • 12.4.1 Each Party chooses its physical address referred to in clause 12.2.1 as its address at which legal process and other documents in legal proceedings in connection with this agreement may be served.
  • 12.4.2 Any Party may by Notice to the other Party change its address at which legal process and other documents in legal proceedings in connection with this agreement may be served to another physical address provided that the new physical address is situated in the Country of incorporation/registration of the relevant andBeyond legal entity through which the Tour or Tour Series are Booked.

13. COSTS

All and any costs incurred by either Party arising out of or in connection with a breach of any of the provisions of the trading terms by the other Party, including but not limited to legal costs on the attorney and own client scale, shall be borne by the Party in breach.

14. SEVERABILITY

14.1 All provisions of this agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.

14.2 Any provision of this agreement which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of this agreement shall remain of full force and effect.

14.3 The Parties declare that it is their intention that this agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.

15. CESSION

15.1 andBeyond shall be entitled, without the consent of the Guest, to cede, delegate or assign all or any of its rights and/or obligations under this agreement to any affiliate within the And Beyond Group of Companies (“the Cessionary”), or a nominee elected by andBeyond.

15.2 On any cession, assignment and/or delegation taking place in terms of clause 15.1, the Guest shall, if so required by any Cessionary, make all payments to such Cessionary.

15.3 The Guest shall not, without the written consent of andBeyond, be entitled to cede, assign, delegate or otherwise transfer any of its rights or obligations under this agreement to any third party.

16. ENTIRE AGREEMENT

16.1 Save for where expressly provided herein, the covering letter and agreement, read with the confirmation of acceptance of each provisional booking, any rights conferred on andBeyond by the Guest in other documents, contains the entire agreement between the Parties.

16.2 andBeyond shall not be bound by any representation, warranties, undertakings, promises or the like (whether or not made by andBeyond, its companies or servants) which are not recorded therein.

16.3 Subject to the provisions of this agreement, no alternation, variation or cancellation by agreement of, amendment or addition to, or deletion from this agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.

17. JURISDICTION AND GOVERNING LAW

17.1 Subject to the provisions of clause 10 above, the Parties unconditionally consent to the relevant court(s) within the Applicable Jurisdiction having the authority to preside over any matter(s) / dispute(s) arising from this agreement.

17.2 The terms and conditions of this agreement shall be governed by, and shall be construed in accordance with the Laws of the Applicable Jurisdiction.

18. COUNTERPARTS

This agreement may be executed in counterparts, each of which will be deemed to be an original of this agreement with the same force and effect. A facsimile or photocopy of a fully executed counterpart of this agreement, or of a set of identical versions separately executed by the Parties, will be valid evidence of the existence and the terms of this agreement.

19. DEFINITIONS

19.1 Definitions for the purposes of this agreement, unless the context requires otherwise shall be as follows:-

  • 19.1.1 “Accommodation” means collectively any accommodation reserved by andBeyond at any of the andBeyond Lodge and Camps or any third party property and / or the provision of Activities and / or third party services (where relevant) reserved by andBeyond;
  • 19.1.2 “Activities” means any recreational pursuit reserved by andBeyond and shall include, without limitation, sight seeing excursions, sporting activities and adventure activities;
  • 19.1.3 “andBeyond Lodges and Camps” means collectively those lodges owned and/ or operated by andBeyond including under canvas and mobile expedition products;
  • 19.1.4 “Applicable Jurisdiction” shall mean the country of domicile in which the relevant andBeyond entity responsible for the processing and the administration of the Booking is registered and incorporated;
  • 19.1.5 “Applicable Laws” means the Laws of the Applicable Jurisdiction;
  • 19.1.6 “Booking/s” means the initiation, processing, amendment and/or finalisation of any Tour and shall include provisional bookings;
  • 19.1.7 “Booking Amendments” means any change required by the Guest in the travel and/ or arrival date, any increase or reduction in the number of rooms booked, and/ or any services required after the date of Confirmation;
  • 19.1.8 “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Country of incorporation / registration of the relevant andBeyond legal entity through which the Tour or Tour Series are Booked;
  • 19.1.9 “Confirmation” means written confirmation by the Guest confirming that the Reservation will be honoured and guaranteed;
    19.1.10 “Group” and “Group Reservations” shall mean 15 (fifteen) full paying Guests or more per Reservation;
  • 19.1.11 “Guest/s” means the end user of services rendered by either andBeyond or a third party during the Tour and / or Tour Series;
  • 19.1.12 “Independent Travellers” shall mean 14 (fourteen) full paying Guests or less per Reservation;
  • 19.1.13 “Laws” means all legislation, statutes, regulations (as amended, replaced or re-enacted from time to time) which may be applicable in the Applicable Jurisdiction;
  • 19.1.14 “Parties” means collectively andBeyond and the Guest, and “Party” means either of them as the context may require;
  • 19.1.15 “Rates” means the rates for the Accommodation as set out by andBeyond in its then current rate documents, as substituted and sent to the Guest from time to time;
  • 19.1.16 “Reservation” means a reservation made by the Guest on behalf of the Guest and confirmed by andBeyond in writing;
  • 19.1.17 “Tour” means all and any arrangements reserved by andBeyond for the Guest, including but not limited to Accommodation, meals and beverages, Travel and Activities and “Touring Services” shall have a similar meaning;
  • 19.1.18 “Tour Series” means a pre-arranged Tour being organised, marketed and sold to the Guest prior to commencement which may comprise of a single or multiple dates/ departures;
  • 19.1.19 “the/ these Trading Terms or “the / this agreement” means the trading terms contained in this document as amplified by the provisions of any Annexure attached hereto or document referred therein from time to time;
  • 19.1.20 “Travel” means any transport reserved by andBeyond, including but not limited to road, water and air travel; and
  • 19.1.21 “VAT” means Value Added Tax or any similar consumption tax payable in any country.