Kambaku Lodges CC Registration Number: 2007/130857/23 Trading as Kambaku Safari Lodge; Kambaku River Sands; & Kambaku at Sea Terms and Conditions of Stay
INTRODUCTION Kambaku Lodges CC (“Kambaku” or “we”, “us”) is an independent private company, owned and managed by a South African family. We operate independently of any other travel agent or hotel group. We offer our Guests 3 diverse experiences at Kambaku Safari Lodge, Kambaku River Sands and Kambaku At Sea. Our Website address is www.kambakulodge.com.NOTE: We are not associated or affiliated with Kambaku River Lodge in Malelane.
By booking with us you, the Guest, agree to our terms and conditions below and these terms and conditions apply to you and the people attending with you (“attendees”) and that are part of your Reservation (collectively referred to as the “Guest” or “you”).
Therefore, it is particularly important that you read our terms carefully, as it will apply to you, whether you booked directly with us or through a third-party agent or channel. It is the Guest’s responsibility to bring these terms and conditions to the attention of their attendees and/or the payer, as it will apply to you in your relationship with us and our Service Providers.
RESERVATIONS AND PAYMENTS
Reservations can be made by contacting Kambaku Lodge Central Reservation’s office based on the Farm Portion 14 Joubertshoop, Timbavati, Limpopo, South Africa, or by emailing us at firstname.lastname@example.org.
If a third-party agent or travel operator makes a reservation on behalf of the Guest, such agreement hereby warrants their authority to make the reservation on behalf of their clients and to bind their clients to these terms and conditions. The agent will, in bookings with us, be jointly and severally liable with the Guest for all contract obligations set out herein.
Kambaku will provide you or your third-party agent with our pro forma invoice for accommodation and other services (our “Booking Form”, which includes our website bookings or your third party agent’s booking forms), for completion by the Guest (or their agent) and all its attendees. All prices quoted include the legislated value added tax (“VAT”), applicable from time to time. Kindly ensure payment specifies our reference number for your booking.
Kambaku will provide you with a quotation and/or Invoice which you must review and check to correct any mistakes thereon, before finally confirming a Booking with us. Payment against our invoice will be deemed to be an indication of your acceptance of the quote/invoice (and its contents), and these terms and conditions. Quotations are only valid for 10 days from date of issue.
You must advise Kambaku in writing of any special requests e.g., dietary requirements, physical handicaps, or other special requirements when you submit your reservation request to Kambaku. Should such information not be as stated herein above, then Kambaku cannot be held liable or responsible.
A 10% Deposit is required, and a reservation is only confirmed after receipt and clearance of that Deposit in our bank account Bank [First National Bank Cheque Account, Kambaku Lodge CC, 623 412 194 93, Branch Code: 270652 (Hoedspruit), Swift Code: FIRNZAJJXXX] with the correct reference number (appearing on our invoice). We will confirm your reservation and receipt of Deposit to you in writing. Your reference number must be used when making all future payments related to your booking.
When we book any transfer to our Properties or for excursions on your behalf then it will be necessary for you to furnish us with a copy of the confirmation of your transportation arrangements / flight details before we confirm these travel arrangements. This is required so that we get your transfer dates and times right and to avoid disappointment for our Guests.
Kambaku Properties cannot be held liable for any delay, penalties or losses incurred as a result of Guest’s changing their flight schedules, whether voluntary or involuntary, or for a miscommunication between the Guest and their agent.
The balance of the booking charges is due no later than the date stipulated on our invoice to you or the Booking Form. If the balance has not been received by that date, Kambaku shall be entitled in its discretion to treat the reservation as cancelled, in which case the Guests will forfeit their Deposit as a cancellation charge. Please note that if a payment is not received on time or in the correct amount, we reserve the right to release your reserved Booking(s), regardless of any prior payment(s) already received, without penalty or liability to us.
Any reservation made within thirty (30) days of arrival is subject to availability, payment in full clearing into our bank account with the correct reference number, and provided that transfer or flights details have been delivered to us by the Guest prior to departure.
Guests will not be permitted into our Properties without pre-payment having been made in full for all services booked & confirmed.
SERVICES & LIABILITIES OF KAMBAKU
Kambaku agrees to provide accommodation and services as booked to the Guest in accordance with our high standards, customary in the luxury travel industry. The use of our Facilities is at the Guest’s own risk and responsibility, and subject to the Invoice terms and the terms of this Agreement and the Lodge Rules.
The Guest may take occupation of their booked Premises after 14h00 on the arrival date set out in the Booking Form. An earlier arrival time may be arranged, subject to agreement between the parties, and payment of the applicable surcharge by the Guest.
Should the Guest wish to extend check in / check out times, they will be liable for extra charges not included in our invoice and such extra’s will be payable upon departure and it is subject to payment of our accommodation rates at that time.
Kambaku Safari Lodge and River Sands can attend to wake-up calls to Guest Premises, but only with proper care for the safety of staff and Guests. Amongst others, this means we can only do wake-up calls or excursions after the camp has been cleared of any dangerous animals. For your safety, all Guests must be accompanied by our staff members to and from their Premises for any excursion. Guests are requested to stay inside their Premises after dark for their own safety, and to call our reception for accompaniment to the dining halls or game vehicles.
Kambaku accepts no liability for loss, theft or damage suffered by the Guests or the Guest’s property due to ignoring our safety rules or if such property is lost or stolen when not locked in the safe provided in Guest Premises, or for any other reason not attributable to our gross negligence.
All Kambaku Properties offer a free and fast Wi-Fi internet connection. However, the speed is “as it is” and cannot be guaranteed as the Properties all depend on an outside service provider, and therefore we are not liable for failure or unavailability of the Wi-Fi internet signal or connection.
By using our internet services Guests agree to Kambaku monitoring their internet use, and the Guests furthermore agree not to use our internet connection or Wi-Fi for any illegal or nefarious purpose and that their use will in all respects be legal and moral. It is the exclusive responsibility of each Guest to ensure that necessary safeguards be put in place to secure their electronic devices against harm and to protect minor attendees against inappropriate access or use of the Internet.
It may from time to time be necessary to carry out repairs, maintenance or similar work on or in the Premises at our Properties, and we hereby reserve the right to carry out such work at any time without any compensation, refund or similar payment to the Guest. Kambaku will in any event be mindful of our Guests comfort and will seek to avoid disturbances to our Guests, as much as possible.
But Kambaku cannot accept any responsibility for construction, maintenance or repair work by neighboring or other properties, or for road works or utilities beyond our control (“the repair works”). No compensation, restitution or other payments shall be payable to Guests in respect of such the repair works.
Our website www.kambakulodge.com is an independent website, owned and operated by Kambaku and as such we do not take responsibility for other websites advertising our Properties or rates, or the information such other websites or third-party agents provide to Guests.
The photographs and illustrations on our website may not reflect current furniture, decoration, or furnishings; and we reserve the right to change furniture, decorations, room layouts and accessories at any time.
Kambaku also reserve the right to change our prices from time to time and we exclude and discount any errors on our website and will not be held liable for unforeseen changes to our Properties, prices, or reservation requirements. Neither Kambaku nor its agents or the Suppliers make any representations or give any warranties, whether expressly, tacitly, or implied, as to the operation of the website, or the information, content, materials, included or made available through this website.
Not all mentioned services, Facilities and/or activities at the Properties or region are open/available all year round. This can be due to weather restrictions, maintenance, or other factors and Kambaku is not responsible for this and reserves the right to withdraw services or Facilities if need be, and not to refund an activity prepaid for by Guests in line with our Cancellation Policy.
LIABILITY & INDEMNITY
Kambaku is only liable to our Guests where Kambaku acted grossly negligent. In all other circumstances the Guest has no right to claim for any compensation, including damage due to injury of life, body or health, or a breach of duty of care, nor will we be responsible for any consequential or special damages under any circumstances, or for any interruption in the supply of water, electricity, heating, gas, lifts, or any other service. The Guests indemnify Kambaku as set out in the attached Indemnity.
The Guest is liable for extra costs (telephone account, laundry in excess of 1 bag per day, curio purchases, airport transfer, medical and emergency costs etc.) incurred in respect of his/her reservation or stay and causing any damage to the Premises, the furniture and all items related to the Premises. Any such extra costs will be for the Guest’s account and be payable upon departure.
The Guest and their attendees hereby authorize Kambaku to provide the Guest and/or their minor child/ren with medical care and the Guest also agrees to pay for the associated costs in doing so, should this be deemed necessary by Kambaku.
Any existing damage found by a Guest upon arrival must be reported to the manager of the Lodge on the day of arrival. Damage not so reported is the responsibility of the Guest.
The Guest is obliged to restore possession of their Premises and the Facilities in good order, condition and repair, and to make every effort to minimize possible damage to person or property. The Guest shall be liable for additional cleaning costs, if the Premises are left in an excessively untidy and dirty / unhygienic condition.
Compliance with the Lodge Rules of the Premises as found in the room folders is mandatory, and the Guest agrees to familiarize themselves with the Lodge Rules and to heed same.
The accommodation and the surrounding garden must be left in a clean and tidy state with all furniture being left in its original place, to avoid moving any furniture that could cause damage to the furniture or the Premises.
The Premises may only be shared with the persons mentioned on the Booking Form, and the Premises may never be occupied by more people than the number of persons booked for such Premises. Any additional guests will be charged according to the rate sheet, and only accommodated subject to availability. The Guest is liable for any damage caused by their visitors/invitees.
The Guest hereby irrevocably warrants, agrees, and undertakes to:
comply with the terms of the agreements and fulfil all obligations of the Guest as set out in the agreement;
abide by all laws of the Republic of South Africa – in this regard, I/we acknowledge that South African law lists and recognizes a number of sexual, alcohol-related and drug-related offences and I/we shall not contravene any such law;
not commit nor permit any criminal offence and/or any unlawful act of whatsoever nature and howsoever arising to be committed on or around the Premises;
ensure that any visitor or third party entering or occupying the Premises by arrangement with or at the invitation of a Guest shall not commit nor be permitted to commit any criminal offence and/or any unlawful act of whatsoever nature and howsoever arising, on the Premises, nor cause any loss or damage to the Premises;
keep Kambaku indemnified and to hold it harmless against all loss, damage or injury, from any cause arising, which Kambaku and/or the Guest may sustain as a result of the Guests breach of the provisions of paragraphs 6.4.1 to 6.4.4 above, irrespective of whether such breach can be legally imputed to either Kambaku or the Guest, in any manner by virtue of any duty upon Kambaku to supervise or control the Guest and/ or the activities on the Premises;
to pay you on demand whatever sum shall be owing to you arising from the indemnity set out in paragraph 6.4.5 above.
It is not permitted to:
remove property or furniture from the Premises, or to make any alterations or additions to the Premises, or any part thereof.
Smoke in any public areas or in the booked Premises. Only dedicated smoking areas may be used for smoking.
Bring pets along or onto any of the Kambaku Premises.
Cause any noise or nuisance that would in any way disturb the quiet and peaceful occupation of the other guest on the Premises.
The Owner (or his manager or contractors) reserve the right to and shall be entitled to access all Premises/rooms at any reasonable time.
The Guest shall not be entitled to sub-let and/or cede or assign all or any of his/her rights in terms of this agreement, or the Premises.
CANCELLATIONS AND REFUNDS
Any changes made by you to your initial Booking and which results in the reduction of costs for your revised Booking will be regarded as a partial cancellation or as the case may be a full cancellation (if you so cancel your entire Booking), and the following rules will apply to the partial or full cancellation of your Booking.
Any cancellation of a booking must be in writing and must be received no less than 4 weeks before your arrival date, and it shall only be effective upon receipt thereof being acknowledged by Kambaku. All bookings are subject to our cancellation charges based on the Guest’s invoice, set out below: Kambaku River Sands & Safari Lodge Cancellation 29-21 days prior to arrival: 50% Cancellation 20-11 days prior to arrival: 75% Cancellation <11 days prior to arrival: 100% Cancellation 7 days prior to arrival, or non-arrival: 100% Kambaku At Sea Cancellation 29-20 days prior to arrival: 50% Cancellation 21-15 days prior to arrival: 70% Cancellation 14-7 days prior to arrival: 80% Cancellation <7 days prior to arrival, or non-arrival: 100%
Any request to amend or change a booking once it has been confirmed, can be accommodated subject to availability and payment of our prevailing rates.
Any refund is subject to the deductions of our bank charges, our brokerage fee earned on the date you confirmed your booking, equal to 12% of the total invoice and our reasonable cancellation charges (subject to applicable legislation) to which you agreed.
If any chargeback is authorized by a Guest’s card issuer, then the Guest hereby indemnifies Kambaku against such damages or losses suffered by it.
No cooling off period (for you to cancel your Booking) applies to your Booking, as it is for special order goods and is for leisure services, accommodation, and travel for a specified date, as defined in the applicable legislation.
GROUP BOOKINGS & CANCELLATION POLICY
Any booking of 8 or more people constitutes a group booking and will be subject to the below reservation and cancellation policy:
After the initial 10% Deposit, 2 further deposits are required at 150 days prior to arrival and 90 days prior to arrival of 25% each;
The balance of invoice is payable 46 days prior to arrival.
Cancellation Charges to Group Bookings apply as follows: Group Cancellation Charges Cancellation 150 days prior to arrival: 10% Cancellation 149 – 91 days prior to arrival: 25% Cancellation 90 – 45 days prior to arrival: 50% Cancellation less than 45 days prior to arrival, or non-arrival: 100%
Our COVID cancellation policy only applies to Bookings impacted by Covid related factors such as border closure, travel restrictions and/or flight cancellations, and which have been booked after 1 March 2020:
Cancellation 14 days prior to arrival – 100% fully refundable.
Cancellation 13 – 0 days prior to arrival – a credit note will be issued to the Guest, subject to the terms of such Credit Note;
If there is any dispute about the applicability of our Covid Cancellation Policy the matter remains within the sole and unfettered determination of Kambaku.
If Covid impacts the Guest during their stay, then Kambaku will issue the Guest with a pro rata Credit Note in respect of the unused portion of their reservation, subject to the terms of such Credit Note.
Deferred bookings or Credit Note Bookings from 2021 to 2022 are subject to the following conditions:
For fully paid-up bookings at time of deferral: Travel may be moved up to dates until 31 December 2022 at no extra charge;
Deposit paid bookings at time of deferral: Travel may be moved up until 31 March 2022 at no extra charge. Thereafter 2022 rates will apply.
Kambaku draws your attention to the fact that there are certain inherent risks involved in staying at our Properties and in a wildlife reserve and in participating in some of the activities or using our Facilities on offer at the various Properties in our portfolio, and the Guests hereby voluntarily associates itself with these inherent risks, and the Guest, together with their heirs, executors and administrators hereby release Kambaku, its officers, servants, agents and representatives, from any duty of care towards me, in connection with my participation in any tour/activity or service, and from liability from all or any claims that could accrue to me or my heirs, executors and administrators arising out of my participation in the tour/activity or service, irrespective of whether such claim or claims arose through the negligence of any person, or from any of the risks, dangers or hazards inherent in an African tour, or of any loss of, or damage to, any property from any cause whatsoever and the Guest further indemnify and hold harmless associated persons against any claims howsoever the same may arise.
It is your sole responsibility to take all appropriate medical advice prior to departure as to whether or not you are fit enough to undertake the trip booked or participate in activities or use the Facilities. By participating in activities or using our Facilities you as the Guest warrant that you are fit and able to do so and that you have taken the appropriate medical advice.
The Guest agrees to always supervise their own children and not to leave them unattended, and to ensure that the children obey all Lodge Rules.
Wellness Center at Kambaku River Sands:
Guests are welcome to use the spa, sauna, steam room and gym located at Kambaku River Sands, but do so entirely at their own risk. By agreeing to these terms and conditions, it is agreed that the owners of Kambaku and their staff are not liable for any harm, injuries or loss of life suffered by the Guests due to accidents or incidents in or using our Facilities. Guests will be required to inform the spa therapist of any medical conditions which might be impacted by any treatments given.
For young children, pregnant women, persons under the influence of alcohol and persons with heart problems, the use of the Wellness center facilities is not recommended.
Except where otherwise expressly stated in this agreement, Kambaku shall not be liable to the Guest, your Agent, the payer or the attendees (hereinafter referred to as the “Other Party”) if Kambaku (and/or its Supplier’s, hereinafter referred to as “Supplier”) contractual obligations to the Other Parties are adversely affected by any event which Kambaku (and/or its Supplier’s) could not, even with all due care, foresee or avoid, and these Force Majeure Events can include, but are not limited to, war, threat of war, civil strife, terrorist activity (and its consequences or the threat of such activity), acts of God, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather, epidemic, severe limitation/restriction of transportation facilities, failure or shortage of supplies, liquidation and legal impediment and all similar events outside the control of Kambaku and/or its Suppliers (collectively referred to as the “Force Majeure Event”).
If Kambaku is affected by a Force Majeure Event it shall forthwith notify you of the nature and extent thereof, but Kambaku shall not be deemed to be in breach of these terms and conditions or otherwise be liable to you by reason of any delay in performance, or by non-performance of any of its obligations hereunder to the extent that any such delay or non-performance is due to a Force Majeure Event.
If Kambaku is affected by a Force Majeure Event it shall be entitled to, and may in its sole and absolute discretion, vary or cancel any reservations. Payment of any refund by Kambaku to you because of the non-performance of Kambaku’s obligations hereunder shall remain in its sole and absolute discretion, although Kambaku shall use its reasonable endeavours to issue Credit Notes where possible. However, Kambaku shall be entitled to deduct from any Credit Note the reasonable actual and potential costs to Kambaku of the Force Majeure Event.
If, after having made all reasonable and proper inquiries, Kambaku is of the opinion that your reservation may proceed as booked, no refund will be payable to you, and our Cancellation Policy will apply to you in circumstances where the Guest refuses to proceed with the Booking, and no Force Majeure Event prohibits their travel.
The Guest warrants that they have the legal capacity (and authority) to enter into this contract and transact with us, and that their personal details and that of all attendees provided, are up to date and true and correct and undertake to inform Kambaku immediately of any changes.
The Guests hereby declare that they understand that Kambaku will not divulge any personal information to a third party (other than disclosed herein) unless required by law, and furthermore consent to Kambaku contacting me/us retaining and using the details provided by me/us, and providing my personal details to the third parties for the purpose of complying with our legal accounting and financial requirements, delivering services to me/us including facilitating payment, a refund, providing extra services, as contemplated in this Agreement.
I/we further agree to ensure that this consent, which is hereby given, is brought to the attention of each Guest and attendee. I/we confirm that I/we understand that I/we have the right to stipulate that certain information must be withheld from Kambaku, and I/we agree to do so in writing addressed to the following email: email@example.com.
I/we also agree and understand that where Kambaku provided third parties with my personal information they do not have control over the management and utilization of that personal information, and I/we accordingly indemnify and hold Kambaku and its officers and employees harmless against any damages or losses of whatsoever nature (including penalties and/or fines and legal costs on the scale of attorney and own client) suffered by Kambaku or any Guest as a result of a breach by any third parties of their obligations under the Protection of Personal Information Act. I/We further agree to the transfer of our personal information cross-border if required and accept that Kambaku will endeavour that the same level of protection is afforded to such information as that processed in South Africa.
By providing us with your personal information you agree that we may use and store such information you have provided to us, and send you e-mail messages with news and special offers. You may at any time elect not to receive such emails by clicking unsubscribe in the email footer or sending an email to this effect to us at: firstname.lastname@example.org.
Our website may use “cookies” to customize it and make your visit to us more user-friendly. Cookies cannot harm your computer in any way and are an industry standard. They are small text files that contain only information provided by you, the visitor, to the website. Furthermore, you may configure your browsers to not accept our cookies.
The Guest hereby agrees that telephone calls may be recorded for quality control and to maintain our service standards. The Guest also agrees that any content generated by the Guest directed to us or posted on our website, e.g. in emails, reviews or ratings, can be used by us or by any third party with our consent and to the extent necessary, and the Guest irrevocably licenses such content to Kambaku in perpetuity, at no fee and waives any rights to such content.
Kambaku strongly recommends that Guests obtain the following types of insurance which are commercially available: Accidental death and disability, Emergency medical evacuation, Trip cancellation, Major Medical and Loss of personal effects. Any additional COVID related insurances are also highly recommended.
The Guests, your Agent, the payer and its Attendees, jointly and severally (the “Guests”) shall be responsible for taking out and maintaining comprehensive travel, personal, health and general insurance in amounts sufficient to adequately cover all risks (including amongst others Force Majeure Events) and to compensate them for any loss, damage to, or destruction of any property, the Premises or the death or injury of any person, AND THE GUESTS IRREVOCABLY INDEMNIFY KAMBAKU AGAINST ANY LIABILITY IN THIS REGARD.
SURCHARGES & EXCHANGE RATES
Kambaku cannot be held liable when, through circumstances beyond our control, a third-party Supplier imposes a price increase on their product/s or services after the Guest has paid any monies toward such product or service, and the Guest hereby irrevocably agree to be liable for any such surcharges. However, Kambaku shall act in the interests of the Guest to petition Suppliers to give Guest’s the option of cancelling the product/service without penalty, where possible.
Whilst we take great care in vetting Suppliers, Kambaku is not liable for the suitability of the Suppliers the Guest selected, or their products or services. Kambaku does not guarantee the suitability, products, or services of Suppliers, and Kambaku does not take responsibility for any disputes between a Guest (and/or Attendee) and a Supplier.
All payments must be made free of bank, wire transfer and / or international forex charges, and without deductions, chargeback or set off.
When credit card payments are processed, the exchange rate is based on the exchange rate offered by the Credit Card Company and merchant bank, and the Guest indemnifies Kambaku against any loss in respect of currency exchange differences, in respect of refunds payable, should the exchange rate differ detrimentally from time to time.
TERMS AND CONDITIONS
These terms and conditions govern the relationship between Kambaku and you, the Guest, to the total exclusion of any other terms and conditions.
No alteration to these terms and conditions may be made by any of Kambaku’ s employees, authorized representatives or agents, unless in writing by an authorized Director/Member of Kambaku.
The provisions of Sections 11, 12, and 13 of the Electronic Communications and Transactions Act, 25 of 2002, in so far as e-contracting is concerned, is expressly excluded. In other words, no data message or electronic communication will be recognized as binding Kambaku to any contract. The reference to ‘in writing’ herein or signed by a Party shall be read and construed as excluding any form of electronic signature.
All services supplied by our third-party Supplier’s is subject to the terms and conditions of that Supplier to which you hereby agree. Kambaku cannot be held liable for any shortcomings, defect or delay or deficiency in the services provided by third party Suppliers.
In addition, you agree that any reservation for transfers or transport is subject to operational decisions of carriers and air and seaports which may result in cancellations, delays, or diversions, over which Kambaku has no control and for which Kambaku accepts no liability whatsoever.
DISPUTES & COMPLAINTS
We encourage our Guests to speak to us with any complaints they may have while staying with us. We regret that we cannot deal with complaints in which we have not been given the opportunity to investigate the complaint and rectify during the period of stay. Complaints raised after departure which have not been raised whilst onsite, will not be honoured with any form of reimbursement.
YOUR PERSONAL RESPONSIBILITY
The onus is on each Guest/s to fully acquaint themselves with these Terms and Conditions (especially our payment schedules and cancellation policies) and all requirements relating to visas, passports, visas, travel permits, health certificates, inoculations, international driving license, or other documentation (collectively referred to as “travel documents”) required for the trip.
It is your responsibility to ensure that travel documents are obtained and are in order and remain valid throughout the period of your stay. It is your responsibility to meet any additional costs occasioned as a result of any failure by you to comply with such requirements. As a response to the growing issue of child trafficking, South Africa (“SA”) has announced new regulations for families traveling into or out of the country with children. Attendees who have children accompanying them or who are travelling with only one parent or with their legal guardian(s), or unaccompanied must avail themselves of the requirements of the destination country.
PLEASE NOTE THAT KAMBAKU does not refund Guests due to loss of accommodation/reservation or diminished use or inconvenience as a result of insufficient, outdated or incorrect travel documents.
COVID RELATED PROTOCOLS
Kambaku has implemented the SA Tourism Board’s COVID Policies and Procedures and standard operating procedures. Additional to this all the relevant staff training has been completed. All related documentation and information are kept on site and is available on written request only.
Notwithstanding the above, the Guest indemnifies Kambaku from liability in the instance of a COVID case arising at or during its stay at our Properties. In the instance of a positive Covid test being recorded for any person at our Lodge, the necessary steps will be taken to ensure the health and safety of Guests and staff alike.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions constitute a binding agreement between you (the Guest) and us (Kambaku) and shall be governed by and construed in accordance with SA law. This Agreement shall be subject to the exclusive jurisdiction of the SA courts.
any one gender include the other two genders;
the singular include the plural and vice versa; and
natural persons include created entities (corporate or non-incorporate) and vice versa;
Any definition, wherever it appears in this Agreement, shall bear the same meaning and apply throughout this Agreement unless otherwise stated or inconsistent with the context in which it appears;
Where any number of days is prescribed, those days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day in SA, in which event the last day shall be the next succeeding Business Day;
Where the day upon or by which any act is required to be performed is not a Business Day, the Parties shall be deemed to have intended such act to be performed upon or by the next succeeding Business Day.
Any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (ie pro non scripto) and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
References to any amount shall mean that amount inclusive of VAT, unless the amount expressly excludes VAT.
DOMICILIUM CITANDI ET EXECUTANDI
The Guest appoints the address of the booked Premises set out in the Booking Form as his domicilium citandi et executandi for receiving notice for all purposes under this agreement and agrees to accept service of all legal documents at such premises.
Kambaku appoint the business address of Kambaku as their domicilium citandi et executandi for all purposes under this agreement, stipulated in Clause
This agreement, together with the Invoice and Booking Form, constitutes the sole record of the agreement between the parties regarding the subject matter thereof.
No addition to, variation, or agreed cancellation of this agreement or any of the appendices (Supplier terms and conditions amongst others) hereto shall be of any force or effect unless in writing and signed by or on behalf of the parties in a non-electronic format.
The grant of any indulgence, extension of time or relaxation of any provision by Kambaku (“Grantor”) under this Agreement shall not constitute a waiver of any right by the Grantor or prevent or adversely affect the exercise by the Grantor of any existing or future right of the Grantor.