Advantage Tours and Charters Web Site Agreement
The www.advantagetours.co.za Web Site (the “Site”) is an online information service provided by Advantage Tours and Charters (“www.advantagetours.co.za “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.advantagetours.co.za MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.advantagetours.co.za, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to www.advantagetours.co.za a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to www.advantagetours.co.za by all means and in any media now known or hereafter developed. You also grant to www.advantagetours.co.za the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against www.advantagetours.co.za for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.advantagetours.co.za.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of www.advantagetours.co.za. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by www.advantagetours.co.za, www.advantagetours.co.zadoes not operate, control or endorse any information, products or services on the Internet in any way. Except for www.advantagetours.co.za- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with www.advantagetours.co.za a. You also understand that www.advantagetours.co.za cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. www.advantagetours.co.za PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND www.advantagetours.co.za SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. www.advantagetours.co.za DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. www.advantagetours.co.za HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.advantagetours.co.za BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF www.advantagetours.co.za OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, www.advantagetours.co.za LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.www.advantagetours.co.za makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-www.advantagetours.co.za web site, please understand that it is independent from www.advantagetours.co.za, and that www.advantagetours.co.za has no control over the content on that web site. In addition, a link to a www.advantagetours.co.za web site does not mean that www.advantagetours.co.za endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless www.advantagetours.co.za, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of www.advantagetours.co.za and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of South Africa applicable to agreements made and to be performed in South Africa. You agree that any legal action or proceeding between www.advantagetours.co.za and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in South Africa . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. www.advantagetours.co.za’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. www.advantagetours.co.za may assign its rights and duties under this Agreement to any party at any time without notice to you.
Advantage Tours and Charters Conditions of Admission
Guidelines to make the tour enjoyable.
1. Some tours are weather permitting and can be cancelled at the last minute by the skipper if he/she decides there is a safety factor at risk. 2. Most tours must have a minimum number of passengers before it is viable to go-please ask about this in good time by checking with the office. 3. On booking and payment a receipt and map for directions will be issued, if you are late or at the wrong departure point ,no refund whatsoever will be given-please make a courtesy call to make 100% sure about the departure point and time before your tour commences. 4. Departure times could be changed according to tide / weather conditions / season and demand .It is the clients’ / agents’ / tour guides’ sole responsibility to phone our office in good time to confirm the point and time of departure. 5. For WHALE WATCHING trips always be at the office of departure 30minutes prior to the time written on your ticket. 6. For HIPPO/CROC boat tours please be at the jetty 15 minutes prior to departure. 7. It is not advisable for pregnant ladies, elderly frail clientele, people with heart, neck or back problems, anxiety attacks or claustrophobia to go on any deep sea excursion, as this is a high energy surf launch – all clients will sign an indemnity form prior to departure. 8. Prices are subject to change without prior notice. 9. Catering can be done by prior arrangement only , and all necessary details must be given to the company about dietary requirements. 10. Please show mutual respect and courtesy to other tourists and the skipper/guide/ captain by not being noisy and loud during the duration of the tour , especially don’t talk whilst the guide/skipper/captain is conducting the tour ,other fellow tourists want to hear the educational information he/she has to give. 11. Please listen carefully to the safety briefing given by the skipper/guide/captain as it is for your own passenger safety , the captain’s word is law , please do not interrupt him whilst he is busy talking. 12. St Lucia Tours and Charters t/a ADVANTAGE CRUISER CC, it’s skippers, staff and guides will not accept any responsibility for any deaths , injury , or illness sustained or suffered by any person, or theft, loss or damage to any person or property whatsoever occurring within or from the use of the charterer s’ vessels, vehicles or part thereof. 13. Last but not least, the tours are done with great enthusiasm by our qualified trained legal guides and skippers and it is our wish for you to return home with a memorable soul stirring experience . Please feel free to keep in touch with the company should there be any query or problem or assistance needed.
SABBWW Whale Watching Regulations
In terms of Regulations of the Marine Living Resources Act (1998).
1. It is an offence to approach any whale closer that 300m without a legal Boat-Based-Whale-Watching Permit. 2. There is only ONE LEGAL BBWW permit holder in each area. 3. No cow-calf pairs may be approached by anyone. 4 Clients on board an illegal vessel may be charged with contravening these regulations if the operator approaches a whale closer than 300m. 5. Clients are advised to ensure their WHALE WATCHING operator has a legal boat-based-whale-watching permit. 6 .Your local legal permit holder in St Lucia is : Danie Bennett, Advantage Charter.
Any rights not expressly granted herein are reserved.