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Terms & Conditions Terms & Conditions | 1. Definitions and Interpretation
In this Agreement,
- Clause headings are for convenience and shall not be used in its interpretation;
- Unless the context indicates a contrary intention: -
- an expression which denotes :-
- any gender includes the other genders;
- a natural person includes an artificial person and vice versa;
- the singular includes the plural and vice versa;
- the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
- "Agreement" - the agreement concluded between the Client and the Safari/Tour Operator pursuant to these general terms;
- "Client" - the person(s) named on the reservation form (whether it be a provisional or confirmed reservation form) and who contracts with Safari/Tour Operator on the terms and conditions hereunder. The Client shall also include any agent who makes any booking of third party Clients in respect of a reservation;
- "parties" - Safari/Tour Operator and the Client and "party" shall mean any one of them;
- "Quote" - the written document and/or verbal quotation from the Safari/Tour Operator to the Client in respect of the Services. The Quote may only be cancelled, amended and/or varied with the consent of the Safari/Tour Operator in the form of an official contract amendment;
- "reservation" - the Client's verbal and/or written request for the provision of Services pursuant to receipt by the Client of a Quote;
- "Services" - the provision by the Safari/Tour Operator to the Client of safari accommodation, transfers, transportation, booking of tours and excursions in Southern Africa and generally to act as a co-coordinator between the Client and the relevant third party service provider(s) by arranging tour itineraries, accommodation, etc.;
- "Southern Africa" - the Southern African region of the African continent with specific reference to the following countries, namely: Republic of Botswana, Republic of Kenya, Republic of Malawi, Republic of Namibia, Republic of South Africa, Republic of Uganda, United Republic of Tanzania, Republic of Zambia, the Republic of Zimbabwe and the Kingdom of Lesotho;
- "Safari/Tour Operator" - Plains of Africa CC, a close corporation with limited liability duly incorporated and registered in accordance with the laws of South Africa, with registration number 2005/088007/23;
- if any provision in a definition is a substantive provision conferring rights or imposing obligations on any party then, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of this Agreement;
- where figures are referred to in numerals and in words, if there is any conflict between the two, the numerals shall prevail;
- where any term is defined in a particular clause other than in this clause 1, that term shall bear the meaning ascribed to it in that clause wherever it is used in this Agreement;
- the rule of construction that, in the event of ambiguity, this Agreement shall be interpreted against the party responsible for the drafting thereof, shall not apply in the interpretation of this Agreement; and
- where any number of days is prescribed in this Agreement same shall be reckoned exclusive of the first and inclusive of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
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