Dewald Kirsten

Workshops Terms and Conditions

    • 1) The client who signifies his acceptance of a booking does so on behalf of himself and persons under his authority, which means that all are bound by the terms and conditions (‘these terms’) of Dewald Kirsten Photography as if they had made the application themselves.
      • 2) All estimates or quotations provided by, or bookings made with Dewald Kirsten Photography are subject to these terms.
    • 3) A non-refundable booking fee of 50% of the cost for each person is required when booking. This booking fee is accepted as part of the inclusive fare as specified in the booking confirmation form and will only be refunded if the application cannot be accommodated.
    • 4) The full amount due by the client to Dewald Kirsten Photography shall be payable not less than two weeks prior to the date of workshop. If the full amount is not paid in due time, Dewald Kirsten Photography reserves the right to treat the booking as cancelled. Bookings made within two weeks of the workshop date must be paid in full immediately.
    • 5) Should the client amend his booking at any stage, either in the form of a date change, itinerary amendment or any other change whatsoever, Dewald Kirsten Photography will reserve the right to charge an amendment fee. One itinerary amendment is free, thereafter each change will be charged at R300 per booking, over and above the tour cost.
  • 6) If a booking is cancelled, then, over and above such cancellation fees, the following will apply:
  • 6.1 With the consent of Dewald Kirsten Photography, the latter shall retain the full booking fee but the amount paid in excess thereof will be reimbursed to the client;
  • 6.2 Less than two weeks before workshop, Dewald Kirsten Photography shall retain the full booking fee.
  • 6.5 By Dewald Kirsten Photography, who reserves the right to and shall be entitled to cancel any tour or product sold prior to departure, Dewald Kirsten Photography shall be obligated to refund all amounts received by it and the client, who shall have no further claim of any nature whatsoever against Dewald Kirsten Photography arising out of such cancellations.
    • 7) Should a client fail to join a tour, or fail to use the accommodation/services booked by Dewald Kirsten Photography on their behalf, for any reason whatsoever, no refund or liability will be accepted by Dewald Kirsten Photography.
    • 8) Dewald Kirsten Photography provides clients with travel and/or other services either itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines. Dewald Kirsten Photography represent such principles as agents only accordingly and accept no liability for loss, damage, injury or death which any client may suffer as a result of any act or omission on the part of or the failure of such principals to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by such principals (which is often constituted by the ticket issued by the principal), shall constitute the sole contract between the principal and the client and any right of recourse the client may have, will be solely against the principal.
    • 9) Cancellation, medical & repatriation insurance is compulsory for all Dewald Kirsten Photography bookings, and it is the client’s responsibility to arrange such insurance, either through Dewald Kirsten Photography or through the client’s broker. It is strongly recommended that clients also take out insurance to cover emergency travel and accommodation, lost baggage and any other cover the clients deem fit. Other than compulsory insurance, the decision which insurance cover he/she obtains is solely the responsibility of the client.
    • 10) The client acknowledges that the fare (see above clause (3) and itinerary specified in the Booking Confirmation Form, may be varied by Dewald Kirsten Photography, without notice to the client, at the discretion of Dewald Kirsten Photography and provided the itinerary and price is not substantially different from the itinerary that the client anticipated enjoying, the client shall not be entitled to cancel the contract. Fare increases may occur inter alia due to any increase in airline tariffs, fuel costs, game reserve fees, or fluctuation of exchange rates. Should the group number fall below the minimum number required for the booking, Dewald Kirsten Photography reserves the right to re-cost the fare and raise a surcharge. Should any clients refuse to accept and pay such surcharge, Dewald Kirsten Photography reserves the right to cancel the tour and retain full payment.
    • 11) The client acknowledges that it is solely his/her responsibility to ensure that he/she is in possession of the necessary travel documents that may be required in respect of the proposed tour and itinerary as well as all health and other certificates that may be required from time to time. Dewald Kirsten Photography will endeavor to assist the client but such assistance will be at Dewald Kirsten Photography’s discretion and the client acknowledges that in doing so, Dewald Kirsten Photography is not assuming any obligation or liability and the client indemnifies Dewald Kirsten Photography against any consequences of non-compliance.
    • 12) It is recommended that the contract may contemplate a tour/journey to an area(s) where the client may be exposed to danger and the client has agreed to execute a waiver of rights against Dewald Kirsten Photography, its principals and others as an integral part of those terms. The client (which shall be deemed to include the heirs, executors administrators and assigns of the client (does irrevocably waive and abandon all and whatsoever rights which the client may have against Dewald Kirsten Photography in consequence of any act of omission or commission by Dewald Kirsten Photography or any other in consequence of the conclusion of the contract and the client undertaking the tour/journey contemplated in the contract (which will comprise of these terms and the Booking Confirmation Form). In no way derogating from the foregoing, the client hereby indemnifies, holds harmless and absolves Dewald Kirsten Photography, its principals or others, from all and whatsoever claims which may be tenable by the client as aforesaid, irrespective of the nature thereof and however arising.
    • 13) The client agrees that he/she will at all times comply with Dewald Kirsten Photography or in regard to his/her conduct.
    • 14) When the client is traveling with persons under his/her authority, he/she warrants that he/she is authorized to bind every member to the terms of the contract.
    • 15) These terms constitute the entire terms of the relationship between parties. There exists no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship, and the client acknowledges that he/she has not relied on any matter or thing stated on behalf of Dewald Kirsten Photography or otherwise that is not included herein.
    • 16) Clients, who have special requests, must specify such requests to Dewald Kirsten Photography in the Booking Reservation Form. Whist Dewald Kirsten Photography will always endeavor to accommodate such requests; it does not guarantee that it will always be possible.
    • 17) No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the client and a duly authorized representative of Dewald Kirsten Photography.
    • 18) No refunds will be considered in any circumstances whatsoever, although Dewald Kirsten Photography may, in its sole discretion, consider a refund in the event of death or serious illness of the client.
    • 19) Dewald Kirsten Photography will under no circumstance be liable for any claim whatsoever, unless such claim is due to the gross negligence of Dewald Kirsten Photography and such claim is lodges in writing with Dewald Kirsten Photography within 30 (Thirty) days after the end of the tour. Such Liability will be subject to a limitation of R10000 per client and under no circumstances will Dewald Kirsten Photography be liable for any indirect or consequential loss or damage.
    • 20) Any payments due by the client will incur interest from the due date at a rate of 2% above the prime rate charged by Dewald Kirsten Photography’s bank.
    • 21) South African law and the jurisdiction of South African courts will govern the relationship between the client and Dewald Kirsten Photography.
    • 22) The client will be liable for all legal fees on an attorney and own client scale in the event that Dewald Kirsten Photography has to engage a lawyer to enforce any of its rights or otherwise
    • 23) Payment received from clients in the form of a booking fee and/or full payment for a service forms a binding agreement between the client and Dewald Kirsten Photography for the agreed services and is bound by Dewald Kirsten Photography’s terms and conditions.
    • 24) All image and intellectual rights of Dewald Kirsten Photography employees and subcontractors are the property of those individuals. These rights will remain with the individual till perpetuity and cannot be impinged on. Sub-contractors working for Dewald Kirsten Photography have the right to take photographs while working. Dewald Kirsten Photography will not enter into discussion regarding image rights. Clients will not have the right to impinge on Dewald Kirsten Photography employees from taking photographs.
    • 25) These Terms and Conditions may change by Dewald Kirsten Photography without prior notice.
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Dewald Kirsten Photography
©2014