INTRODUCTION
These terms and conditions are laid out in two sections:
SECTION A: WORLDWIDE EXPERIENCE TRAVEL EXPERIENCES
Before you book your Worldwide Experience trip, please read all of the information below, along with the important information in our brochure/on our website, as this forms the contract between you and Worldwide Experience. Worldwide Experience is a Trading Name of M M Ventures (Pty) Ltd. Your contract is with M M Ventures South Africa (Pty) Ltd, a member of SATSA.
Please note: With some of our projects, your contract will be direct with the project and not with Worldwide Experience. This is because we work on a referral-only basis with some of the projects in our portfolio. You will be notified upon application whether your contract will be with Worldwide Experience or the Project.
YOUR FINANCIAL PROTECTION:
Worldwide Experience has bonded members of SATSA, membership number 2595-S9. SATSA is the Southern African Tourism Services Association.
Bonding provides clients and members assurance that your company is in a position to guarantee a refund on pre-tour deposits should you or another member be placed under involuntary insolvency. This is subject to the terms and conditions of the SATSA Lost Advances Fund.
The SATSA Bond, which refers to the SATSA Lost Advances Fund, is administered by a committee and aims to deal with losses incurred by any member or customer as a result of that member being placed under involuntary liquidation.
The SATSA Lost Advances Fund Committee is responsible for the adjudication of payments and claims and these are done at their sole discretion.
Payments shall not exceed R150 000 for any one incident.
Any claims against the SATSA Bond must be brought to the attention of the SATSA Chief Operating Officer by directing an email to pa@satsa.co.za
Worldwide Experience’s Travel Management Company (TMC), responsible for flight bookings, is Giltedge Travel Africa, an IATA-accredited agent (IATA code: 77213054). Accreditation means that our TMC have met IATA’s criteria, including financial liability and financial guarantees. IATA accredits travel agents to sell air tickets on behalf of all IATA-accredited member international airlines. The IATA-accredited agents’ community can thus be considered a worldwide network of reliably certified and recognized agents. You can make sure you are using an IATA-accredited agent by checking the agent’s IATA NUMBER, specific only to the ticket agent. The IATA logo is also displayed.
1. BOOKINGS AND APPLICATION OF THESE T’S AND C’S
1.1. The Client, in signing and submitting the Booking Form to the Tour Operator, hereby represents and warrants to the Tour Operator that, with effect from the Signature Date and every day thereafter until the expiration or earlier cancellation of the Tour Package: (i) he/she is authorised to sign the Booking Form; (ii) he/she is authorised to accept these T’s and C’s both in relation to himself/herself and on behalf of each of the other persons referred to in the Booking Form (if any); (iii) he/she and each of the other persons referred to in the Booking Form (if any) have secured the necessary passports, visas, and inoculations for the booking, and wish to proceed with the Tour Package; and (iv) he/she and each of the other persons referred to in the Booking Form (if any) are not residents of South Africa and the Tour Package is or will be arranged before they arrive in South Africa.
1.2. In signing and submitting a Booking Form, the Client also:
1.2.1. acknowledges that the Client was provided with full information in relation to:
1.2.1.1. the Tour Operator (being its full name, licence or registration number (if any), and its VAT registration number (if any));
1.2.1.2. The address of the Tour Operator and/or the address of its supplier’s (if any) physical business premises, and related contact details;
1.2.1.3. The address/es of the premises at which, or from which, the Tour Operator’s services will be supplied;
1.2.1.4. The salient details of the Tour Package and its features including, by way of example:
1.2.1.4.1. whether the Tour Package is, in fact, eligible for booking;
1.2.1.4.2. modes of transportation; and
1.2.1.4.3. places of accommodation and their nature;
1.2.1.5. The total Tour Price including any Applicable Taxes, and the Arranging Fee; and
1.2.1.6. The currency in which amounts under these T’s and C’s are payable;
1.2.2. acknowledges that the Client read and understood these T’s And C’s; and
1.2.3. makes an offer to contract with the Tour Operator in relation to the Tour Package on the terms detailed in these T’s And C’s.
1.3. Subject to clause 3.1, upon the Tour Operator accepting an offer from the Client as contemplated in clause 1.2.3 (by way of the issue of a Booking Confirmation to the Client), a contract shall come into existence and bind the Parties on and with effect from the date of receipt (or deemed receipt) of the Booking Confirmation by the Client (the “Booking Acceptance Date”), all on the terms and conditions contained in the Booking Form as read conjunctively with these T’s and C’s.
2. APPLICATION OF THE CPA AND PROCESSING OF PERSONAL INFORMATION
2.1. APPLICATION OF THE CPA
2.1.1 To the extent that these T’s and C’s are regulated by the CPA, the Parties agree and acknowledge that it is not intended that any of these T’s and C’s should contravene any provision of the CPA. All the provisions hereof must be treated as being qualified only to the extent necessary, to ensure that the provisions of the CPA are complied with at all times.
2.1.2 In compliance with the provisions of section 49 (4) of the CPA, the Client’s attention is specifically drawn to clauses 1.1, 2.2, 3.6, 4.1.1.1, 4.2, 4.4, 5.4.2, 5.6, 5.8 and 6.3 which impose certain obligations and/or assumptions of risk, and which provisions are expressed in bold font for emphasis and ease of reference.
2.2. PROCESSING OF PERSONAL INFORMATION
2.2.1 In signing and submitting a Booking Form, the Client agrees that it provides the Tour Operator with information that may constitute personal information (as contemplated in POPIA), and in doing so the Client voluntarily, specifically, and unconditionally consents to the Tour Operator:
2.2.1.1 processing:
2.2.1.1.1 within the Tour Operator and/or any of its subsidiaries or any other legal entity, joint venture and/or partnership, wherever situated or operating (and irrespective of structure and/or legal nature/regime) that renders services or otherwise conducts business under a name which includes the name of the Tour Operator or any variation thereof (including their subsidiaries, parties that are related or inter-related them and/or their affiliated companies, to the extent applicable) and/or any trust/s founded by the Tour Operator for its operations and/or any entities that are related and/or inter-related to such trust/s, as the case may be, and all such entities’ successors-in- title and/or practice (collectively the “Tour Operator Group”), wherever any such members may be located, including in countries which may not have data protection laws similar to South Africa; and
2.2.1.1.2 On infrastructure belonging to the Tour Operator Group or any third party with whom the Tour Operator and/or any member of the Tour Operator Group enters into an operator agreement, the personal information that the Client provides to the Tour Operator and/or any members of the Tour Operator Group, for any purpose for the Tour Operator to, execute its mandate in relation to the Tour Package and any particular matters thereunder and/or incidental thereto;
2.2.1.2 Sending to the Client marketing material, advertising material, newsletters or other informative material relating to the Tour Operator and/or any member of the Tour Operator Group;
2.2.1.3 Storing the Client’s personal information for an indefinite period, provided that the Tour Operator shall, to the extent permitted in terms of POPIA (read with any other applicable laws), destroy or delete any such personal information that is no longer needed by the Tour Operator for the purpose it was initially collected, or subsequently processed;
2.2.1.4 Transmitting the Client’s personal information to other members of the Tour Operator Group (wherever they may be located, including in countries that may not have data protection laws similar to South Africa) as the Tour Operator may deem necessary for the proper execution of its mandate in relation to the Tour Package and any particular matters thereunder and/or incidental thereto; and
2.2.1.5 Keeping any work product or other documentation in relation to the Tour Package as part of the Tour Operator’s and the Tour Operator Group’s internal know-how.
2.2.2 The submission by the Client of any personal information (including in relation to any other person detailed in the Booking Form (if any)) to the Tour Operator and/or any members of the Tour Operator Group in any form constitutes a warranty and acknowledgment by the Client that such conduct is authorised and constitutes an
unconditional, specific, and voluntary consent to the processing of such information as
contemplated in clause 2.2.1.
2.2.3 The Client undertakes to notify the Information Officer of the Tour Operator (“IO”) in writing of any changes or errors to the personal information that the Client provided to the Tour Operator. The Tour Operator will update the Client’s personal information within a reasonable time after the Client has notified the IO of any such changes or errors.
2.2.4 Unless legislation in South Africa and/or in any territory in which any member of the Tour Operator Group operates or in respect of which the Tour Operator and/or any member of the Tour Operator Group is bound requires or permits the processing of such information, the Client will be entitled to withdraw its consent given under this clause 2.2 at any time on at least 10 (ten) days written notice sent to the IO.
2.2.5 Should the Client:
2.2.5.1 believe that the Tour Operator has utilised the Client’s personal information contrary to legislation in South Africa as read with this clause 2.2, the Client undertakes to first attempt to resolve any concerns with the Tour Operator by addressing a complaint in writing to the IO; and
2.2.5.2 Not satisfied with the outcome of such process, the Client will be entitled to lodge a complaint with the Information Regulator in terms of the POPIA.
2.2.6 The Parties agree that various terms have been used in this clause 2.2 which are defined in POPIA and should bear the meanings in these T’s and C’s as assigned to them in POPIA.
3. TOUR OPERATOR’S RIGHTS AND RESPONSIBILITIES SPECIFICALLY
The Tour Operator:
3.1. will as soon as practicably possible after receipt it of the Booking Form (as signed and submitted by the Client):
3.1.1. proceed to plan and/or arrange and/or facilitate the Tour Package, including (without limiting the generality thereof) making the necessary reservations and compiling the Tour Itinerary for the Client; and, thereafter
3.1.2. issue the Booking Confirmation to the Client, together with the Proforma Deposit Invoice and Tour Itinerary and all relevant details incidental thereto, it being recorded that the Tour Operator shall inform the Client in writing (including, by way of example, via email) should the Tour Operator be unable to comply with the provisions of this clause 3.1 for any reason whatsoever;
3.2. will stipulate in the Tour Itinerary (to the extent applicable) all the salient details in relation to international and/or domestic airfare/s, accommodation, room/s, and specification, hotel and/or airport transfers, meals and/or beverages included, and other incidental specifications of the Tour Package;
3.3. will issue the Proforma Secondary Invoice to the Client as soon as practicably possible after the date of receipt (or deemed receipt) by the Client of the Deposit Invoice, but in any event by no later than the date which is 68 (sixty-eight) days before the Tour Start Date;
3.4. will issue the Balance Invoice to the Client as soon as practicably possible after the date of receipt (or deemed receipt) by the Client of the Secondary Invoice, but in any event by no later than the date which is 68 (sixty-eight) days before the Tour Start Date; (a final tax invoice is issued following completion of the tour)
3.5. is entitled to make Tour Package Amendments and/or cancel the Tour Package (in part or the whole), at any time, to which the Client hereby agrees, provided that:
3.5.1. the Tour Operator will at all times use its commercially reasonable endeavors to avoid having to make such Tour Package Amendments and/or cancel the Tour Package;
3.5.2. Any such Tour Package Amendment or cancellation must be due to unforeseen circumstances, and not attributable to the wilful misconduct of the Tour Operator;
3.5.3. In the event that the Tour Operator elects to amend the Tour Package only, then the Tour Operator will inform the Client thereof on written notice on or within 48 (forty-eight) hours of having made such election, and will issue the Client with an updated Booking Confirmation and updated version of the invoice issued last in time to the Client (to the extent applicable) as soon as practicably possible thereafter; and/or
3.5.4. In the event that the Tour Operator elects to cancel the Tour Package, it shall advise the Client thereof on written notice on or within 48 (forty-eight) hours of having made such election (it being recorded that the date of cancellation in this regard shall be deemed to be the date on which the said written notice of cancellation is received by the Client). The Tour Operator will then refund to the Client, by way of electronic funds transfer into the Client’s nominated bank account, such aggregate portion of the Aggregate Tour Fee as was paid by the Client to the Tour Operator, and not otherwise forfeited to the Tour Operator (whether as a cancellation fee or otherwise), as soon as practicably possible after the relevant date of cancellation. No Party shall have any other claim of whatsoever nature against the other in such circumstances;
3.6. will use its commercially reasonable endeavors to secure/procure/enable the Client’s special requests as stipulated in the Booking Form (if any), or advise the Client that such special requests cannot be accommodated. The Tour Operator will only undertake to procure those special requests as are expressly accepted by the Tour Operator in the Booking Confirmation. All special requests accepted by the Tour Operator will be subject to additional third-party charges to the Client as stipulated in the Final Invoice. The Client acknowledges and agrees that all special requests indicated in a Booking Form cannot be guaranteed by the Tour Operator. If and to the extent that the Tour Operator is unable to arrange/procure the relevant special requests, the Client hereby agrees that he/she/it will have no claim of any nature against the Tour Operator;
3.7. will on request, provide to the Client written proof of any insurance policies taken out in the Tour Operator’s name; and
3.8. will, as regards the Quoted Tour Price, all brochures, advertising material, and other similar documentation in relation to a Tour Package, use its commercially reasonable efforts to ensure that all such documentation as is made available by the Tour Operator in good faith, complies with all applicable laws, regulations, rules, and codes of practice, the CPA, and is accurate and correct at the time of its publication/delivery to the Client. The Tour Operator reserves the right to update such documentation from time to time, without notice, to bring the same in line with the latest information available to the Tour Operator. The Client acknowledges that he/she/it will request such documents directly from the Tour Operator to ensure that the Client receives the latest then currently applicable documentation.
4. QUOTED TOUR PRICE, PAYMENT OF TOUR FEES AND INCIDENTAL MATTERS
4.1. Subject to (i) at all times the provisions of clause 4.2; and to (ii) any additional third party charges to the Client in relation to special request/s as contemplated in clause 3.6, in consideration for planning and/or arranging and/or facilitating the Tour Package, the Client will pay the Total Tour Price (which includes the Arranging Fee), and having regard to each of the Deposit Invoice, Secondary Invoice, and Final Invoice) to the Tour Operator as follows:
4.1.1. As regards the Deposit, the Client shall pay the full amount thereof to the Tour Operator on or within 3 (three) days after the Booking Acceptance Date. It is agreed that:
When making your booking you must pay a deposit of:
£200 per person – volunteering, accredited courses
£400 per person – Vets Go Wild
Group trips: 30 – 50% of the total booking value, as stipulated per trip
4.1.1.1. The deposit is not refundable to the Client; and
4.1.1.2. Simultaneously with payment of the Deposit, the Client shall pay the full amount of any international and/or domestic airfare (as stipulated in the Deposit Invoice, if any) to the Tour Operator;
4.1.2. As regards the Secondary Tour Fee, the Client shall pay the full amount thereof to the Tour Operator on or within 3 (three) days after the date of receipt (or deemed receipt) by the Client of the Secondary Invoice (due 4 months before the departure date, unless otherwise stipulated); and
4.1.3. As regards the Final Tour Fee, the Client shall pay the full amount thereof to the Tour Operator on or within 3 (three) days after the date of receipt (or deemed receipt) by the Client of the Final Invoice (due 2 months before departure date unless otherwise stipulated );
4.1.4. provided that, in the event that the Booking Acceptance Date is within 60 (sixty) days of the Tour Start Date, the Client will pay the Total Tour Price to the Tour Operator immediately upon the said Booking Acceptance Date. All such payments shall be made by way of cleared electronic funds transfer into the bank account of the Tour Operator as indicated in the relevant invoice, or by way of such other method of payment as may be stated in the relevant invoice. Payment schedule:
Time of Booking Fees Due
121-61 days before departure 50% of the Final Tour Fee
60-0 days before departure Full payment of Final Tour Fee
4.1.5. If the Client is partaking in two or more placements in one trip, all invoices are due 60 days before the commencement of the first placement.
4.2. The Client agrees that the due dates for payment contemplated in clause 4.1 are subject to a supplier (of the Tour Operator) requiring earlier/later payment, and/or payments of seasonal deposits. In any such event, the Tour Operator will notify the Client of such fluctuation in writing, on or within 3 (three) days after the Tour Operator has been notified thereof by the said supplier, and the applicable due date/s for payment shall be deemed to have been amended accordingly. The Client will have no claim of whatsoever nature against the Tour Operator in such circumstances.
4.3. Unless otherwise agreed in writing by the Parties, all amounts payable under these T’s and C’s shall be payable in the currency of payment as indicated in the relevant invoice issued to the Client. Once the deposit has been paid, the currency cannot be changed, and the balance will have to be settled in the original currency invoiced.
4.4. Notwithstanding anything to the contrary contained in these T’s and C’s, unless the Tour Operator consents in writing to other payment arrangements:
4.4.1. The Client will at all times remain liable for payment of all amounts due and payable by the Client to the Tour Operator under these T’s and C’s; and
4.4.2. The Client is and will remain liable to the Tour Operator for all amounts due and payable up to the date of expiration or earlier cancellation of the Tour Package.
4.5. Due to the continuing variation of airfares, prices will be confirmed when bookings are made. Changes in [transportation costs, including the cost of fuel] [dues, taxes, or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports] and [exchange rates] mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure.
4.5.1. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another Worldwide Experience trip if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or canceling and receiving a full refund of all monies paid, except for any amendment charges.
4.6. For certain experiences, clients may be required to submit a Criminal Record Check before arrival and commencement of the placement. Clients with these experiences will come into contact with minors or vulnerable adults at some point during placement, which is why a Criminal Record Check is required of the Client. This assists in ensuring the continued safety of the people with whom we work. Please keep this in mind and be sure to apply for your Criminal Record Check in good time.
4.6.1. In the event that the Client is unable to provide a Criminal Record Check, or proof of submission thereof before placement, the Client will be unable to begin their scheduled placement until the Tour Operator has received a Criminal Record Check or proof of application thereof.
4.7. The Client will need to agree to the Tour Operator’s Code of Conduct and the placement program schedule, both of which are made available in the comprehensive information pack for the placement tour package.
5. CLIENT’S RIGHTS AND RESPONSIBILITIES SPECIFICALLY
The Client:
5.1. hereby irrevocably and unconditionally agrees that he/she/it is taking the Tour Package at his/her/its own risk;
5.2. will adhere strictly and at all times to these T’s and C’s and the provisions of the Booking Form;
5.3. will not engage in any activity, conduct, distribution trade practise, or advertising method that will be harmful, directly or indirectly, to the Tour Operator;
5.4. will be entitled to request Tour Package Amendments and/or cancel the Tour Package, at any time, provided that:
5.4.1. The Client communicates, without delay, any such Tour Package Amendments and/or cancellations to the Tour Operator in writing;
Should the Client wish to amend the placement from one project to another, the Client is required to provide 3 (three) months' written notice and such change shall be subject to availability on the project;
Should the Client wish to transfer from one project to another having already begun the placement or within 3 (three) months of beginning placement, such transfer shall be treated as a new booking and will be subject to availability. The Client will be required to pay the normal placement fee applicable for the particular project chosen and will forfeit any balance of the fee paid for the current project.
5.4.2. In the event that the Client elects to cancel the Tour Package (it being recorded that the date of cancellation in this regard shall be deemed to be the date on which the relevant written notice of cancellation is received by the Tour Operator), subject at all times to the provisions of clause 6.2.2:
5.4.2.1. The Client will be liable to pay a cancellation fee to the Tour Operator, calculated in accordance with the following dates/periods of cancellation and percentages (which is agreed as being reasonable):
Cancellation notice received 121-61 (one hundred and twenty-one to sixty-one) days before the Tour Start Date: 50% (fifty percent) of the Total Tour Price;
Cancellation notice received 60-29 (one hundred and twenty-one to sixty) days before the Tour Start Date: 50% (fifty percent) of the Total Tour Price;
Cancellation notice received within 28 (twenty-eight) days before, or on/after, the Tour Start Date: 100% (one hundred percent) of the Total Tour Price:
If the reason for cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
5.4.2.2. Any such aforesaid cancellation fee will be paid by the Client to the Tour Operator within 14 (fourteen) days of the relevant date of cancellation, by way of cleared electronic funds transfer into the bank account of the Tour Operator as indicated in the invoice issued last in time to the Client, or by way of such other method of payment as may be stated in such invoice, failing which the Client will remain bound by the Tour Package and payment therefor in full; and
5.4.2.3. The Tour Operator will refund to the Client (care of its nominated bank account) such aggregate portion of the Aggregate Tour Fee paid by the Client to the Tour Operator, and not otherwise forfeited to the Tour Operator (whether as a cancellation fee or otherwise), as soon as practicably possible after receipt by the Tour Operator of the cancellation fee contemplated in clauses 5.4.2.1 and 5.4.2.2,
5.4.2.4. should the Client overpay the Tour Operator in error when paying the tour fee, or at any time and pay in full but defer and request a refund, the Tour Operator will refund the Client for the overpayment, less a 10% (ten percent) administration fee plus all bank charges incurred. The Tour Operator reserves the right to refund such excess funds only in the event that said monies exceed an amount of GBP50 and at our sole discretion, in consideration of associated international administrative and banking fees.
and no Party shall have any other claim of whatsoever nature against the other in such circumstances;
5.5. will promptly comply with any reasonable instruction given by the Tour Operator in relation to the Tour Package and matters/aspects incidental thereto;
5.6. will at the Client’s expense, take out comprehensive travel insurance, for the duration of the Tour Package, which insurance shall at least cover the loss of Client’s personal effects, loss or harm to the Client personally, the Client’s medical, hospital, emergency travel and evacuation expenses, repatriation, loss of luggage and expenses associated with the cancellation or curtailment of the Tour Package. It is agreed that:
5.6.1. The Client will procure insurance from an insurer and in such amounts of its election;
5.6.2. The Client will be solely responsible for his/her/its general safety and for the general safety of all the other persons detailed in the Booking Form (if any), including in relation to the safekeeping of baggage and personal effects, at all times;
5.6.3. The Client will timeously seek the necessary medical advice regarding prophylaxis, vaccination, and general health requirements covering each country that forms part of the Tour Package, and shall ensure the same in respect of the Client and all the other persons detailed in the Booking Form (if any); and
5.6.4. The Tour Operator does not accept any liability (of any nature) for any loss or damage in relation to loss or harm (of whatever nature) to the baggage, personal effects, or other property of the Client, or injury or illness to the Client, or loss of life or consequential damages in respect of the Client, which might occur from any cause whatsoever. The Client hereby assumes all risk (of whatever nature) attached to and/or in relation to and/or incurred in the Tour Package;
5.7. will at the Client’s sole cost and expense, to the extent applicable:
5.7.1. comply with and otherwise fulfill the applicable passport, visa, and vaccination requirements covering each country that forms part of the Tour Package, it being recorded that the Tour Operator will not be responsible for any persons participating in the Tour Package without the required documents; and
5.7.2. make the necessary arrangements to arrive at the assembly point/s indicated on the Tour Itinerary at the stated times, it being recorded that the Tour Operator will not be responsible for any persons participating in the Tour Package who fail to make such arrangements;
5.8. By signing and submitting the Booking Form to the Tour Operator, acknowledges and agrees that in the event that the Tour Package includes travel to isolated regions and/or activities in close proximity with wildlife, the Client and all of the other persons detailed in the Booking Form (if any) assume/s such risks. The Client acknowledges and agrees that he/she/it will on demand sign an extended standard form specific conditions and waiver document on or before the Tour Start Date, which form will be in a form satisfactory to the Tour Operator at all times, and which form will stipulate, amongst other things, that the person signing that form appreciates the risks inherent in travel and adventure, and that such person undertakes to participate in the Tour Package at his/her own risk and that such risk could include injury, disease or death;
5.8.1. Minors need parents/legal guardians to countersign
5.9. will, if applicable, stipulate special requests (if any) in the Booking Form, failing which the Client will be deemed to have no special requests;
5.10. will ensure that all payments due to the Tour Operator are paid to the Tour Operator on the due date thereof and otherwise strictly in accordance with these T’s and C’s;
5.11. will not engage in any activities which cause inconvenience or annoyance to any other persons participating in the Tour Package; and
5.12. will in the unlikely event that the Client has a complaint against the Tour Operator, first address the complaint with the tour leader responsible for the relevant portion of the Tour Package as stipulated in the Tour Itinerary, so that an opportunity may be afforded to the Tour Operator to investigate and address the complaint. If the Client has any further complaint same must be lodged with the Tour Operator in writing within 30 (thirty) days of the expiration of the Tour Package. Should the Client not follow the procedures set out in this clause 5.12, then the Tour Operator will not investigate or continue to investigate any such complaint, and the Client will have no claim of whatsoever nature against the Tour Operator in such circumstances.
5.13. Should you wish to apply for a group trip (people traveling as a group from start to end on the same itinerary, e.g. a school trip), please be aware of the following important requirements:
5.13.1. You will be required to complete/submit certain documentation and submit this documentation by stipulated deadlines, in line with destination project and country requirements.
5.13.2. The above-mentioned documentation may include, but is not limited to the following:
Application/booking form
2 x copies of passport (which may need to be certified)
Indemnity/waiver forms
Media consent form
CV/resume
5.13.3. In the case of the traveler is a minor (under 18 years of age):
5.13.3.1. All forms need to be countersigned by a parent or legal guardian.
5.13.3.2. In the case of the traveler is a minor (under 18 years of age) traveling to, or in transit through South Africa, the following documentation must be completed, dated, and certified within 6 months of the departure date:
Parental consent affidavit
Unabridged birth certificate
Passport copy of each parent/legal guardian
Other documentation that may be required according to individual circumstances
5.13.3.3. These forms need to be submitted to the designated trip leader who will need to carry these forms on their person while traveling.
5.13.3.4. This is a legal requirement of the country South Africa, and other southern African countries. The importance of all the paperwork being correctly completed cannot be stressed enough. For example, should the paperwork not be 100% in order, you may be denied boarding the plane, or transit through/ entry into certain countries.
5.13.3.5. Worldwide Experience offers the complimentary service of checking your forms for you as soon as we receive copies and will let you know if anything needs to be amended.
5.13.3.6. The term “certified” for the purposes of trip documentation means that a Commissioner of Oaths has certified (signed, dated, and stamped) all copies of documents as a true likeliness of the original.
5.13.3.7. Commissioner of Oaths: solicitor, police officer, postmaster, etc. Worldwide Experience recommends that an appointment is made ahead of time with a Commissioner of Oaths. Please bear in mind that an additional fee may be payable to the Commissioner of Oaths.
5.13.4. VISA – visas for entry into foreign countries are the responsibility of the traveler unless otherwise specified by Worldwide Experience. We will provide you with visa information, but it is up to you to apply for your visa at the destination country’s embassy where you live. Please keep in mind that additional visa fees may be applicable, payable to the visa processing body.
5.13.5. Should students and/or their parents not be willing to give their full support in fulfilling the pre-departure documentation requirements, then it is better not to apply for a group trip.
5.13.6. Worldwide Experience is required to work according to very strict timeframes regarding the paperwork for the whole group, in line with our service providers, such as airlines, as well as Immigration offices in the case of a group visa being required. With group bookings, all documentation and payments are based on the entire group being punctual with paperwork requirements and payments. Delays result in extra charges to Worldwide Experience, as services are booked and processed as a group booking (not as individual bookings):
Should there be outstanding paperwork at any point, a £50 administration fee will be charged per outstanding document unless you have made alternate arrangements with us in advance with valid reasons.
6. BREACH, CANCELLATION DUE TO BREACH AND INCIDENTAL MATTERS
6.1. Breach
Save as otherwise provided for in these T’s and C’s:
6.1.1. if the Client fails to timeously pay to the Tour Operator any amount due to the Tour Operator hereunder and fails to remedy such breach within a period of 3 (three) days after receipt by the Client of written notice from the Tour Operator calling for such default to be remedied, the Tour Operator will be entitled to (without prejudice and in addition to any other rights or remedies which the Tour Operator may have in law), on written notice to the Client, immediately resile from these T’s and C’s and cancel the Tour Package; and
6.1.2. If any of the Parties commit a breach of these T’s and C’s (other than the breach contemplated in clause 6.1.1) and/or otherwise fails to comply with any of the provisions hereof (“the Defaulting Party”), then the other Party (“the Innocent Party”) is entitled to give the Defaulting Party 7 (seven) days (or such longer period as may be reasonably necessary in the circumstances) notice in writing to remedy such breach and/or failure. If the Defaulting Party fails to comply with such notice, then the Innocent Party will be entitled to (without prejudice and in addition to any other rights or remedies which the Innocent Party may have in law, including the right to claim damages), on written notice to the Defaulting Party, immediately resile from these T’s and C’s and cancel the Tour Package accordingly.
6.2. Cancellation due to breach
6.2.1. In the event that the Tour Operator cancels the Tour Package in accordance with the provisions of clause 6.1 (and unless the Parties agree otherwise in writing), the Client will be deemed to have forfeited to the Tour Operator, with effect from the date on which the relevant written notice of cancellation is received (or deemed to have been received) by the Client (“Breach Cancellation Date”), all such amounts already paid by the Client to the Tour Operator as at the Breach Cancellation Date. The Client will have no claim of whatsoever nature against the Tour Operator in such circumstances.
6.2.2. In the event that the Client cancels the Tour Package in accordance with the provisions of clause 6.1.2, the Tour Operator will refund to the Client, by way of electronic funds transfer into the Client’s nominated bank account, such aggregate portion of the Aggregate Tour Fee as was paid by the Client to the Tour Operator, and not otherwise forfeited to the Tour Operator (whether as a cancellation fee or otherwise), as soon as practicably possible after the Breach Cancellation Date.
6.3. Indemnity for breach by the Client
Without prejudice to any rights or remedies available to the Tour Operator arising from these T’s and C’s and notwithstanding anything to the contrary contained herein, with effect from the Booking Acceptance Date, the Client hereby irrevocably and unconditionally indemnifies and agrees, on-demand, to hold the Tour Operator (and its directors, officers, employees, agents, successors and assigns) harmless against any and all loss, liability, costs or expenses of whatsoever nature (including any and all legal costs), whether directly or indirectly suffered or incurred by the Tour Operator, should the Client and/or any of the other persons detailed in the Booking Form (if any) breach these T’s and C’s in any way.
7. FORCE MAJEURE
7.1. If any Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under these T’s and C’s for any cause beyond the reasonable control of that Party (“Affected Party”), including (without limiting the generality of the foregoing) war, civil commotion, riot, insurrection, strikes, lock-outs, fire, explosion, floods and acts of God (each a “Force Majeure Event”), the Affected Party shall be relieved of its obligations hereunder for the period of the Force Majeure Event. In such instance, the Affected Party shall not be liable for any delay or failure in the performance of any of its obligations hereunder or for any loss or damages which the other Party may suffer due to or resulting from any such delay or failure, provided that written notice of the inability to perform is given by the Affected Party within 48 (forty-eight) hours of the commencement of the Force Majeure Event.
7.2. The Affected Party shall use its commercially reasonable endeavors to terminate the circumstances giving rise to the Force Majeure Event and upon termination thereof, the Affected Party shall forthwith give written notice thereof to the other Party.
7.3. In the event that the circumstances giving rise to the Force Majeure Event are not terminated by any later than the date which is 10 (ten) days from the commencement of the Force Majeure Event, then the Tour Package shall be automatically canceled, and the Tour Operator shall be required to refund to the Client such aggregate portion of the Aggregate Tour Fee paid by the Client to the Tour Operator, and not otherwise forfeited to the Tour Operator (whether as a cancellation fee or otherwise), as soon as practicably possible after the date of such cancellation, by way of electronic funds transfer into the Client’s nominated bank account. No Party shall have any other claim of whatsoever nature against the other in such circumstances.
8. DISPUTE RESOLUTION
8.1. Save as expressly detailed to the contrary, in the event of any dispute, controversy, or claim (of whatever nature) (“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 these T’s and C’s, including (but not limited to) any question as to the existence, validity or termination of these T’s and C’s, the Parties will attempt in good faith, by negotiation, to resolve the dispute between themselves.
8.2. 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 other Party, then the dispute shall be submitted by either Party to and decided by arbitration in accordance with the then-applicable commercial rules of the Arbitration Foundation of Southern Africa NPC (“AFSA”), by a single arbitrator agreed upon between the Parties or, failing agreement within 7 (seven) days of the dispute being submitted to arbitration, the arbitrator shall be appointed by AFSA.
8.3. As regards any such arbitration:
8.3.1. The decision of the arbitrator shall be final and binding on the Parties and may be made an order of any competent court having jurisdiction at the instance of any of the Parties;
8.3.2. unless otherwise agreed by the Parties in writing, the arbitration shall be held in Cape Town, South Africa; and
8.3.3. The arbitrator shall be obliged to give in writing the reasons for any decision made by the arbitrator in the course of the arbitration.
8.4. Notwithstanding anything to the contrary contained in this clause 8, either of the Parties shall be entitled to apply for, and if successful, be granted, an interdict or other interim and/or urgent relief from any competent court having jurisdiction.
9. ADDRESSES FOR LEGAL PROCESSES AND NOTICES
9.1. Any notice or process to be served on either of the Parties in terms of these T’s and C’s may be served on such Party at the following addresses:
9.1.1. As regards the Client, the address specified in the Booking Form; and
9.1.2. As regards the Tour Operator, the address specified in the Booking Confirmation.
9.2. Any Party may at any time, by notice in writing to the other Parties, change its elected address to any other address which is not a post office box or post restante.
9.3. Any notice or other communication to be given to either of the Parties in terms of these T’s and C’s shall be valid and effective only if it is given in writing, provided that any notice given by email shall be regarded for this purpose as having been given in writing.
9.4. A notice given as set out above shall be deemed to have been duly given and received (unless the contrary is proved):
9.4.1. if delivered by hand, on the date of delivery;
9.4.2. if sent by courier, on the date of delivery by the courier service concerned; or
9.4.3. if sent by email (provided that the address concerned includes an email address), on the expiration of 24 (twenty-four) hours after the time of transmission.
9.5. Any written notice received by a Party shall be valid, notwithstanding that it may not have been given in accordance with the preceding provisions of this clause 9.
10. SEVERABILITY
Any of these T’s and C’s which is or may become illegal, invalid, or unenforceable in any jurisdiction shall, with respect to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non script (as if not written) and severed from the balance of these T’s and C’s, without invalidating the remaining T’s and C’s or affecting the validity or enforceability of any of these T’s and C’s in any other jurisdiction.
11. CESSION, DELEGATION, ASSIGNMENT
11.1. The Tour Operator will be entitled, without the consent of the Client but on prior written notice to the Client to cede, delegate, or assign all or any of the Tour Operator’s rights and/or obligations under these T’s and C’s to any third party (“the Cessionary”).
11.2. On any cession, assignment, and/or delegation taking place in terms of clause 11.1, the Client shall, if so required by any Cessionary, make all payments directly to the Cessionary in question.
11.3. The Client will not, without the prior written consent of the Tour Operator, be entitled to cede, assign, delegate, or otherwise transfer any of the Client’s rights or obligations under these T’s and C’s to any third party.
12. WHOLE AGREEMENT
These T’s and C’s, as read conjunctively with the Booking Form, constitute the whole agreement between the Parties in relation to the subject matter of the Booking Form, and the Tour Operator shall not be bound by any representation/s, warranty/ies, undertaking/s, promise/s or the like (whether or not made by the Tour Operator, its companies or servants) which are not recorded herein or in the Booking Form.
13. NO WAIVER
No relaxation, indulgence, or extension of time granted by any Party (“the Grantor”) to the other Party shall be construed as a waiver of any of the Grantor’s rights in terms hereof, or a novation of any of these T’s and C’s or estop the Grantor from enforcing strict and punctual compliance with these T’s and C’s.
14. NO VARIATION
No variation of, addition to, consensual cancellation of, or waiver of any right arising in terms of these T’s and C’s (including this clause 14) and/or the Booking Form shall be of any force or effect unless expressly agreed by the Parties in writing (including, by way of example, via email communication).
15. GOVERNING LAW
To the maximum extent permissible, these T’s and C’s shall be governed by and construed in accordance with the laws of South Africa.
16. COSTS
All and any costs incurred by either Party arising out of or in connection with a breach of any of these T’s and C’s 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.
17. DEFINITIONS AND INTERPRETATION
17.1. DEFINITIONS
In these T’s and C’s, unless a contrary intention clearly appears, the following terms shall have the meanings assigned to them hereunder, and cognate expressions shall have corresponding meanings, namely:
17.1.1. “Aggregate Tour Fee” means the aggregate amount of the Secondary Tour Fee plus the Final Tour Fee;
17.1.2. “Applicable Taxes” means, without limitation, any VAT, sales taxes, charges, imposts, duties, levies, deductions, withholdings or fees of any kind whatsoever, or any amount payable on account of or as security for any of the foregoing, imposed, levied, collected, withheld or assessed by any relevant taxation authority or similar Governmental Authority from time to time together with any penalties, fines or interest;
17.1.3. “Arranging Fee” means that portion of the Total Tour Price which comprises the Tour Operator’s fee for planning and/or arranging the Tour Package;
17.1.4. “Booking Acceptance Date” has the meaning ascribed thereto in clause 1.3;
17.1.5. “Booking Confirmation” means the written confirmation submitted by the Tour Operator to the Client, in such form as the Tour Operator may determine suitable in its sole and absolute discretion (including, by way of example, in the form of email communication), wherein the Tour Operator confirms the booking of the Tour Package, and which document will record (without limitation):
17.1.5.1. the Tour Operator’s full name, and VAT registration number, if any;
17.1.5.2. the Tour Operator’s address; and
17.1.5.3. A full description of the Tour Package;
17.1.6. “Booking Form” means the Tour Operator’s online application form (as determined by it) which can be completed and submitted to the Tour Operator for the purposes of engaging the services of the Tour Operator as contemplated herein, which standard booking form may be updated by the Tour Operator from time to time, without notice;
17.1.7. “Client” means the person who signed and submitted the Booking Form to the Tour Operator;
17.1.8. “CPA” means the South African Consumer Protection Act, 2008 (Act No. 68 of 2008);
17.1.9. “Deposit” means a non-refundable deposit of 30% (thirty percent) of the Quoted Tour Price;
£200 per person – volunteering, accredited courses
£400 per person – Vets Go Wild
Group trips: 30 – 50% of the total booking value, as stipulated per trip
17.1.10. “Deposit Invoice” means the tax invoice issued by the Tour Operator to the Client with the Booking Confirmation, marked as the “Deposit Invoice”, and which shall record (without limitation), as separate line items, the quantum of:
17.1.10.1. the Deposit, exclusive of any Applicable Taxes (e.g. VAT) if any, and the Arranging Fee; and
17.1.10.2. the total international and/or domestic airfare/s payable (if any);
17.1.11. “ECTA” means the South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
17.1.12. “Tertiary Invoice” means the tax invoice issued by the Tour Operator to the Client chronologically after the Secondary Invoice, marked as the “Tertiary Invoice”, and which shall be issued in respect of the Final Tour Fee mutatis mutandis in accordance with the provisions of clause 17.1.10, and shall, in addition, record any third party charges payable by the Client in relation to any special request/s of the Client stipulated in the Booking Form (to the extent applicable); a Tax invoice is issued after the tour is completed
17.1.13. “Final Tour Fee” means the balance of the Quoted Tour Price after the deposit has been paid;
17.1.14. “Parties” means, collectively, the Client and the Tour Operator, and “Party” shall mean any one of them as the context may indicate;
17.1.15. “POPIA” means the South African Protection of Personal Information Act, 2013 (Act No. 4 of 2013);
17.1.16. “Quoted Tour Price” means the applicable quoted price including VAT (where applicable) and the Arranging Fee for the Tour Package, as set out by the Tour Operator on its website (if any), failing which as set out in its brochures and advertising material, from time to time, which quoted price the Tour Operator may update/replace from time to time, without notice;
17.1.17. “Secondary Invoice” means the invoice issued by the Tour Operator to the Client chronologically after the Deposit Invoice, marked as the “Secondary Invoice”, and which shall be issued in respect of the Secondary Tour Fee mutatis mutandis in accordance with the provisions of clause 17.1.10; “Tertiary Invoice” means the invoice issued by the Tour Operator to the Client chronologically after the “Secondary Invoice”, and which shall be issued in respect of the Tertiary Tour Fee mutatis mutandis in accordance with the provisions of clause 17.1.10;
17.1.18. “Secondary Tour Fee” means 50% (fifty percent) of the Final Tour Price; “Tertiary Tour Fee” means the final 50% (fifty percent) of the Final Tour Price;
17.1.19. “Signature Date” means the date upon which the Client signed the Booking Form;
17.1.20. “South Africa” means the Republic of South Africa;
17.1.21. “T’s and C’s” means these terms and conditions;
17.1.22. “Total Tour Price” means the Deposit plus the Aggregate Tour Fee;
17.1.23. “Tour Itinerary” means the itinerary relating to the Tour Package;
17.1.24. “Tour Operator” means the tour operator stipulated in the Booking Form;
17.1.25. “Tour Package” means the tour package planned and/or arranged and/or facilitated by the Tour Operator, as stipulated in the Booking Form;
17.1.26. “Tour Package Amendments” means any change of whatsoever nature required by any Party in relation to the Tour Package after the Signature Date, including (without limiting the generality of the foregoing) changes as to flights, dates and times, accommodation, arranged sightseeing and other details of and/or incidental to the Tour Package;
17.1.27. “Tour Start Date” means the date of commencement of the Tour Package;
17.1.28. “VAT” means value-added tax as contemplated in the VAT Act; and
17.1.29. “VAT Act” means the South African Value-Added Tax Act, 1991 (Act No. 89 of 1991).
17.2. INTERPRETATION
Furthermore, unless a contrary intention clearly appears:
17.2.1. references herein to “clauses” shall be to the clauses of these T’s and C’s;
17.2.2. The headings of the clauses are for the purpose of convenience and reference only and shall not be used in the interpretation of, modify, nor amplify these T’s and C’s;
17.2.3. words importing the singular, include the plural, and vice versa, and words importing the masculine gender shall include the feminine and neuter genders, and vice versa and words importing persons shall include partnerships, trusts, and bodies corporate, and vice versa;
17.2.4. If any provision in the definitions set out in clause 17 is a substantive provision conferring rights or imposing obligations on any Party, then notwithstanding that such provision is only contained in clause 17, effect shall be given thereto as if such provision were a substantive provision in the body of these T’s and C’s;
17.2.5. these T’s and C’s shall be binding on and enforceable by the permitted trustees, assigns, or liquidators of the Parties as fully and effectually as if they had bound themselves hereto in the first instance and reference to any Party shall be deemed to include such Party’s permitted trustees, assigns or liquidators, as the case may be;
17.2.6. Where figures are in these T’s and C’s described both in numerals and in words, words shall prevail in the event of any conflict between the two;
17.2.7. When any number of days is prescribed in these T’s and C’s, the same shall be reckoned exclusively of the first and inclusively of the last day;
17.2.8. any reference in these T’s and C’s to legislation or subordinate legislation is to such legislation or subordinate legislation at the Signature Date and as amended and/or re-enacted from time to time;
17.2.9. any reference in these T’s and to any other agreement or document shall be construed as a reference to such other agreement or document as same may have been, or may from time to time be, amended, varied, novated or supplemented;
17.2.10. Where any term is defined within the context of any particular clause, the term so defined shall, unless it appears clearly from the clause in question that such term has limited application to the relevant clause, bear the meaning ascribed to it for all purposes in terms of these T’s and C’s, notwithstanding that such term has not been defined in this clause 17;
17.2.11. None of these T’s and C’s shall be construed against or interpreted to the disadvantage of the Tour Operator by reason of the Tour Operator having drafted such provision;
17.2.12. the words:
17.2.12.1. “sign”, signature”, “signing” and all derivatives thereof, when used in relation to the Booking Form, shall include an electronic signature as contemplated in ECTA; and
17.2.12.2. “completed”, “submit”, “submission”, “submitted” and all derivatives thereof, when used in relation to the Booking Form, shall include electronic completion and submission;
17.2.13. The words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed, nor shall they take effect, as limiting the generality of any preceding word/s. Furthermore, the words “other” and “otherwise” shall not be construed eiusdem generis with any preceding words if a wider construction is possible; and
17.2.14. the expiration or termination of the Tour Package shall not affect such of these T’s and C’s as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
SECTION B: ONLINE WILDLIFE CAMPUS
1. TERMS AND CONDITIONS
1.1 Worldwide Experience and our online education partner, WildlifeCampus provide its services to you subject to the terms and conditions set out herein.
1.2 By accessing the WildlifeCampus website (“Website”) and using any of the services offered via the website from time to time (“the services”) and/or by purchasing any goods or items via the website, you shall be deemed to have agreed to all the terms and conditions set out herein.
1.3 Worldwide Experience/WildlifeCampus may at any time modify these terms and conditions and your continued use of the website will be subject to the terms and conditions in force at the time of your use.
1.4 Accordingly, you agree to review these terms and conditions periodically, and your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions of the website.
2. CONTENT OF THE WEBSITE
2.1 Whilst every effort is made to update the information provided on this website regularly, WildlifeCampus makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness, or reliability of the information contained on any of the pages comprising the website and shall not be bound in any manner by any information contained on the website or any of the pages comprising the website.
2.2 WildlifeCampus reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No opinions, information, data, or content contained on the website shall be construed as advice, and same are offered for information purposes only.
2.3 WildlifeCampus gives no warranty or representation concerning the accuracy, completeness, or reliability of any such opinions, information, data, or content.
3. COPYRIGHT
3.1 Copyright and all intellectual property rights in all materials (including but not limited to any source code) made available through this website are owned by WildlifeCampus alternatively, WildlifeCampus is the lawful user thereof and are protected by both South African and international intellectual property laws.
3.2 Accordingly, any unauthorised copying, reproduction, retransmission, reverse engineering, disablement, distribution, dissemination, sale, publication, broadcast, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
3.3 The trademarks, names, logos, and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of WildlifeCampus.
3.4 Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of WildlifeCampus; save that you may download, display, and print one copy of the material presented on this website on a single computer for your personal, non-commercial use only and provided that all proprietary notices and restrictions attached to such material are at all times kept intact.
4. EXTERNAL LINKS
4.1 External links may be provided for your convenience, but they are beyond the control of Worldwide Experience/WildlifeCampus and no representation is made as to their content.
4.2 Use or reliance on any external links provided is at your own risk.
4.3 When visiting external links, you must refer to that external website’s terms and conditions of use.
4.4 No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of WildlifeCampus.
5. CHILDREN
5.1 If you are under 18 years of age, you may use this website only with the involvement of a parent or guardian.
5.2 If you represent that you are of sufficient legal age to use this website, you will be bound by any legal obligations and liabilities that you may incur as a result of the use of this website.
6. PUBLIC FORUMS AND USER SUBMISSIONS
6.1 Worldwide Experience/WildlifeCampus is not responsible for any material, including but not limited to text, submissions, images, audio, and/or video (collectively “materials`”) submitted to the public areas by you (which include bulletin boards, or any other public area found on the website).
6.2 Any material (whether submitted by you or any other user) is not endorsed, reviewed, or approved by Worldwide Experience/WildlifeCampus.
6.3 Worldwide Experience/WildlifeCampus reserves the right to terminate your registration as a subscriber to the website and to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may –
6.3.1 Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of other users or any third parties;
6.3.2 Publish, post, distribute, or disseminate any defamatory, obscene, indecent, or unlawful material or information;
6.3.3 Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of Worldwide Experience/WildlifeCampus and/or a third party’s computer system and/or network;
6.3.4 Violate any copyright, trademark, other applicable South African or international laws, or intellectual property rights of WildlifeCampus or any other third party;
6.3.5 Submit content containing marketing or promotional material which is intended to solicit business.
6.3.6 You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, or violates any applicable law and you hereby indemnify Worldwide Experience/WildlifeCampus against any loss, liability, damage or expense of whatever nature which Worldwide Experience/WildlifeCampus or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
6.3.7 By submitting any content (including but not limited to photographs taken by you) to the website and/or any public area including any competitions sponsored by Worldwide Experience/WildlifeCampus, you grant Worldwide Experience/WildlifeCampus a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, display the content (in whole or in part) worldwide and/or to incorporate and to allow third parties to incorporate and/or use the content in other works in any form, media or technology. You warrant that you are entitled to grant Worldwide Experience/WildlifeCampus such rights as aforesaid and the granting of such rights will not infringe the copyright or other intellectual property rights of any third person.
6.4 You hereby indemnify Worldwide Experience/WildlifeCampus against any loss, liability, damage, or expense of whatever nature, that Worldwide Experience/WildlifeCampus or any third party may suffer as a result of Worldwide Experience/WildlifeCampus or any third party exercising any of the rights as aforesaid.
7. WARRANTIES
7.1 Worldwide Experience/WildlifeCampus makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the website, the suitability of any of the services for a particular purpose nor with regard to the merchantability and fitness for a particular purpose of any goods and items offered for sale on this website, all of which are provided on an “as is” basis.
7.2 In addition, as Worldwide Experience/WildlifeCampus provides certain services to you via the Internet Worldwide Experience/WildlifeCampus makes no representations, nor gives any warranties or guarantees of any nature as to the availability of any communications network or systems of any third party on whom you or Worldwide Experience/WildlifeCampus rely to provide any of the services.
8. DISCLAIMERS
8.1 Worldwide Experience/WildlifeCampus shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever that may be suffered by you, or any third party as a result of, or which may be attributable, directly or indirectly, to the use of, or reliance on, any information provided on the website or any pages of the website.
8.2 This includes, but is not limited to HTML displayed content, e-mail sent from the website, services, goods, and items provided and/or purchased via this website.
8.3 Concerning any viruses that may infect your computer or other property on account of your access to and/or use of this website; use of the content, data, or information made available via the website; any failure, delay, or unavailability of the site; or any services offered via the site for any reason whatever; and the supply, or failure or delay in supplying any of the services offered via the site you hereby indemnify Worldwide Experience/WildlifeCampus [in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party.
9. SALES TERMS AND CONDITIONS
9.1 Your receipt of an electronic or another form of order confirmation does not signify Worldwide Experience/WildlifeCampus’ s acceptance of your order. Worldwide Experience/WildlifeCampus reserves the right at any time after receipt of your order, to decline your order, for any reason whatsoever. If your order is declined, you will be notified via e-mail. Worldwide Experience/WildlifeCampus may require additional verifications or information before accepting any order for any goods and items sold on the website.
9.2 We accept the following credit cards [Visa], [MasterCard]
9.3 We accept payments through a secure online payment link, which will be sent to you on request
9.4 For security and legal reasons, Worldwide Experience will not store your credit card details, and therefore you will need to re-enter this with each order.
9.5 Worldwide Experience/WildlifeCampus is not responsible for typographical, pricing, product information, or shipping errors. Any recommendations, formulae, figures, advice, specifications, illustrations, diagrams, dimensions, weights, or other information provided on the website are approximate and for information purposes only and, unless otherwise expressly stated in writing, do not form the basis or any part of a sale. Advertised prices and availability are subject to change without notice. If goods or items offered by Worldwide Experience/WildlifeCampus are not as described, your sole remedy is to request a refund and return such goods or items in their original condition.
9.6 Worldwide Experience/WildlifeCampus will use reasonable endeavors to maintain full system availability, except during scheduled maintenance periods. Should WildlifeCampus experience technical difficulties, WildlifeCampus is not responsible for goods and items ordered that are not processed, accepted, or delivered.
9.7 Ownership of any goods and items shall not pass to you until the total purchase price payable therefore has been received by Worldwide Experience in full.
9.8 All risk attaching to any goods or items purchased will pass to you as soon as the goods or items have been delivered to you provided that if you fail and/or refuse to take delivery of the goods or items when delivery is made, risk shall be deemed to have passed when delivery is tendered to you as evidenced by the receipt as sent by Worldwide Experience to you after the purchase has been concluded. (“delivery date”).
9.9 Where any tariffs, duties, or taxes as imposed or levied by any government or governmental agency, including without limitation, national and local sales, use, and value-added tax are imposed pursuant to the sale of any goods and items on the website you shall be liable to pay any such tariffs duties or taxes when due.
10. RETURN POLICY
10.1 Due to the digital nature of our online course products, returns or refunds cannot be considered and are not available.
10.2 The only consideration for refunds will be made where online course content has been purchased more than once. If a reversal of this transaction is granted, there will be a 5% surcharge. This is to cover the cost of the credit card transaction only, since the company incurs a 5% cost of sale on all transactions, to bank charges.
11. CANCELLATION POLICY
11.1 Students may elect to cancel their offline course(s) at any time.
11.2 A cancellation request must be submitted in writing, e-mail is acceptable if the e-mail is acknowledged by Worldwide Experience/WildlifeCampus.
11.3 Upon cancellation:
11.3.1 Students will be liable for all fees owing up to the date of cancellation, but not be liable for any future course or tuition fees.
11.3.2 Students will forfeit any course or tuition fees already paid. No refunds of any kind will be considered or returned.
11.3.3 Students will not receive any additional course material.
11.3.4 Students will no longer be eligible for any academic support.
11.3.5 Any course assignments received will neither be marked nor returned.
12. CERTIFICATES POLICY
12.1 Certificates will only be issued to course graduates under the following conditions:
12.1.1 The course for which the Certificate has been earned will need to be completed in terms of all the academic requirements.
12.1.2 Certificates will only be issued for courses that have been fully paid for.
12.1.3 Certificates issued under the Subscription Option are subject to additional Terms & Conditions as stipulated under their own section.
12.1.3.1 Certificates will be emailed to successful and paid-up graduates.
12.1.4 Worldwide Experience/WildlifeCampus will take all reasonable measures to ensure that Certificates due are processed timeously and directed to the email address as directed by the Graduate.
12.1.5 Worldwide Experience/WildlifeCampus will not be responsible for any consequences of having been supplied incorrect information, either as to the name stated on the Certificate or the address it is emailed to.
12.1.6 Certificates that require re-issuing because of incorrect information supplied by the graduate will be facilitated at the cost of the graduate, the cost not being fixed and reviewed annually. As of July 2019, this cost is £20.
13. E-MAIL POLICY
13.1 Each WildlifeCampus e-mail sent will have the option to unsubscribe, all requests to unsubscribe will be effected within 72 hours.
13.2 Worldwide Experience/WildlifeCampus will not under any circumstances sell, distribute, or otherwise release your e-mail address to any other parties. In addition, Worldwide Experience/WildlifeCampus will take all necessary measures to safeguard your e-mail address details.
14. PRIVACY POLICY
14.1 Worldwide Experience’s website privacy policy can be viewed here: https://worldwideexperience.com/website-privacy-policy/
14.2 Worldwide Experience/WildlifeCampus is committed to respecting the privacy rights of all users.
14.3 Worldwide Experience/WildlifeCampus collects user information to improve the user’s experience.
15. WHAT INFORMATION DO WE COLLECT?
15.1 Information you supply us.
15.2 Any information that you send to our website and receive will be stored. For example, when you are registered for your online wildlife course, you will receive a login name and password. Furthermore, you will be able to register personal information, which information is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems.
16. AUTOMATICALLY GENERATED INFORMATION
16.1 Worldwide Experience cookies
16.1.1 A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.
16.1.2 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
16.1.3 Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
16.1.4 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
16.1.5 Please see this link for further information on the cookies we use: https://worldwideexperience.com/how-we-use-cookies/
16.2 Like many other sites, WildlifeCampus employs the use of “Cookie” technology.
16.2.1 This technology allows us to obtain certain types of information when your web browser accesses the website.
16.2.2 The information that is received by WildlifeCampus is stored behind secure networks.
16.2.3 The use of “Cookies” allows us to build a better experience for you, by monitoring what you like on the website and thus building a unique offering for you.
16.2.4 There are a number of companies that have created and offer tools to help you visit a site anonymously. If you employ the use of such tools, we will not be able to provide you with a personalized
17. COMPLYING WITH THE LAW AND PROTECTION OF WILDLIFECAMPUS
17.1 Worldwide Experience/WildlifeCampus may release personal information which may be required in terms of law or any regulations, to enforce our conditions of use and to protect the interests and rights of the website, users, and other third parties.
18. YOUR CONSENT
18.1 By your use of the website, you consent to the collection and use of the information by Worldwide Experience/WildlifeCampus on the basis set out in Section B of Worldwide Experience’s terms and conditions. If we decide to change our privacy policy, such changes will be posted on these pages to ensure that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it. You also consent to receive email from Worldwide Experience/WildlifeCampus.
19. FEEDBACK
19.1 All questions, comments, and concerns regarding privacy are welcomed. Please email these to info@worldwideexperience.com.
20. GENERAL
20.1 These terms and conditions constitute the sole record of the agreement between you and Worldwide Experience/WildlifeCampus in relation to the subject matter hereof. Neither you nor Worldwide Experience/WildlifeCampus shall be bound by any express tacit or implied representation, warranty, promise, or the like not recorded herein.
20.2 These terms and conditions supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between you and Worldwide Experience/WildlifeCampus in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms and conditions shall be binding upon either you or Worldwide Experience/WildlifeCampus unless agreed to by Worldwide Experience/WildlifeCampus. No indulgence or extension of time which either you or Worldwide Experience/WildlifeCampus may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
20.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
20.4 Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of these terms and conditions shall remain in full force and effect.
20.5 Should Worldwide Experience/WildlifeCampus be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Worldwide Experience/WildlifeCampus is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent.
20.6 In the event that force majeure continues for more than thirty days after it has first occurred then Worldwide Experience/WildlifeCampus shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms and conditions and/or any service by giving notice to you.
20.7 An “event of force majeure” shall mean any event or circumstance whatsoever that is not within the reasonable control of the affected party including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
20.8 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, these terms and conditions, or any matter related to or in connection therewith.
SECTION C: E-VOLUNTEERING
1. COURSE PARTICIPATION
Participants who book an E-volunteering experience confirm that they meet the following requirements:
1.1 Communicate well
1.2 Speak & understand English
1.3 Have basic computer literacy
1.4 Have the attitude to participate in a novel volunteering experience.
1.5 Participants have to download Zoom
1.6 Participants need to submit their feedback before the last session.
2. CHILDREN
2.1 The minimum age for participation in our e-volunteering program is 12 years.
2.2 If you are under 18 years of age, you may use this website only with the involvement of a parent or guardian.
2.3 If you represent that you are of sufficient legal age to use this website, you will be bound by any legal obligations and liabilities that you may incur as a result of the use of this website.
3. DISCLAIMERS
3.1 Worldwide Experience shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever that may be suffered by you, or any third party as a result of, or which may be attributable, directly or indirectly, to the use of, or reliance on, any information provided on the website or any pages of the website or our ground partners’ website and course material.
3.2 This includes, but is not limited to HTML displayed content, e-mail sent from the website, services, goods, and items provided and/or purchased via this website.
3.3 Concerning any viruses that may infect your computer or other property on account of your access to and/or use of this website; use of the content, data, or information made available via the website; any failure, delay, or unavailability of the site; or any services offered via the site for any reason whatever; and the supply, or failure or delay in supplying any of the services offered via the site you hereby indemnify Worldwide Experience [in respect of any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party.
4. SALES TERMS AND CONDITIONS
4.1 Your receipt of an electronic or another form of order confirmation does not signify Worldwide Experience’s acceptance of your order. Worldwide Experience reserves the right at any time after receipt of your order, to decline your order, for any reason whatsoever. If your order is declined, you will be notified via e-mail. Worldwide Experience may require additional verifications or information before accepting any order for any goods and items sold on the website.
4.2 Payment in full for your e-volunteering course must be made before you can commence with the course.
4.3 We accept the following credit cards [Visa], and [MasterCard]. We accept payments through a secure online payment link, which will be sent to you on request
4.4 For security and legal reasons, Worldwide Experience will not store your credit card details, and therefore you will need to re-enter this with each order.
4.5 Worldwide Experience is not responsible for typographical, pricing, product information, or shipping errors. Any recommendations, formulae, figures, advice, specifications, illustrations, diagrams, dimensions, weights, or other information provided on the website are approximate and for information purposes only and, unless otherwise expressly stated in writing, do not form the basis or any part of a sale. Advertised prices and availability are subject to change without notice. If goods or items offered by Worldwide Experience are not as described, your sole remedy is to request a refund and return such goods or items in their original condition.
4.6 Worldwide Experience will use reasonable endeavors to maintain full system availability, except during scheduled maintenance periods. Should our ground partners experience technical difficulties, we are not responsible for goods and items ordered that are not processed, accepted, or delivered.
4.7 Ownership of any goods and items shall not pass to you until the total purchase price payable therefore has been received by Worldwide Experience in full.
4.8 All risk attaching to any goods or items purchased will pass to you as soon as the goods or items have been delivered to you provided that if you fail and/or refuse to take delivery of the goods or items when delivery is made, risk shall be deemed to have passed when delivery is tendered to you as evidenced by the receipt as sent by Worldwide Experience to you after the purchase has been concluded. (“delivery date”).
4.9 Where any tariffs, duties, or taxes as imposed or levied by any government or governmental agency, including without limitation, national and local sales, use, and value-added tax are imposed pursuant to the sale of any goods and items on the website you shall be liable to pay any such tariffs duties or taxes when due.
5. RETURN POLICY
5.1 Due to the digital nature of our e-volunteering course products, returns or refunds cannot be considered and are not available.
5.2 The only consideration for refunds will be made where online course content has been purchased more than once. If a reversal of this transaction is granted, there will be a 5% surcharge. This is to cover the cost of the credit card transaction only, since the company incurs a 5% cost of sale on all transactions, to bank charges.
6. CANCELLATION POLICY
6.1 Participants may elect to cancel their e-volunteering course(s) at any time.
6.2 A cancellation request must be submitted in writing, e-mail is acceptable if the e-mail is acknowledged by Worldwide Experience/WildlifeCampus.
6.3 Upon cancellation:
6.3.1 Participants will be liable for all fees owing up to the date of cancellation, but not be liable for any future e-volunteering course fees.
6.3.2 Participants will forfeit any course or tuition fees already paid. No refunds of any kind will be considered or returned.
6.3.3 Participants will not receive any additional course material.
6.3.4 Participants will no longer be eligible for any coursework support.
6.3.5 Any course assignments received will not be returned.
7. PRIVACY POLICY
7.1 Worldwide Experience’s website privacy policy can be viewed here: https://worldwideexperience.com/website-privacy-policy/
7.2 Worldwide Experience is committed to respecting the privacy rights of all users.
7.3 Worldwide Experience collects user information to improve the user’s experience
8. AUTOMATICALLY GENERATED INFORMATION
8.1 Worldwide Experience cookies
8.1.1 A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.
8.1.2 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
8.1.3 Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
8.1.4 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
8.1.5 Please see this link for further information on the cookies we use: https://worldwideexperience.com/how-we-use-cookies/
9. YOUR CONSENT
9.1 By your use of the website, you consent to the collection and use of the information by Worldwide Experience on the basis set out in Section C of Worldwide Experience’s terms and conditions. If we decide to change our privacy policy, such changes will be posted on these pages to ensure that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it. You also consent to receive emails from Worldwide Experience.
10. FEEDBACK
10.1 All questions, comments, and concerns regarding privacy are welcomed. Please email these to info@worldwideexperience.com.
11. GENERAL
11.1 These terms and conditions constitute the sole record of the agreement between you and Worldwide Experience in relation to the subject matter hereof. Neither you nor Worldwide Experience shall be bound by any express tacit or implied representation, warranty, promise, or the like not recorded herein.
11.2 These terms and conditions supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between you and Worldwide Experience in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms and conditions shall be binding upon either you or Worldwide Experience unless agreed to by Worldwide Experience. No indulgence or extension of time which either you or Worldwide Experience may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
11.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
11.4 Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of these terms and conditions shall remain in full force and effect.
11.5 Should Worldwide Experience be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Worldwide Experience is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent.
11.6 In the event that force majeure continues for more than thirty days after it has first occurred then Worldwide Experience shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms and conditions and/or any service by giving notice to you.
11.7 An “event of force majeure” shall mean any event or circumstance whatsoever that is not within the reasonable control of the affected party including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
11.8 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, these terms and conditions, or any matter related to or in connection therewith.