DISCLAIMER & INDEMNITY
AFRICAN OPULENCE (PTY) LTD
DEAR USER – PLEASE NOTE THAT OVER AND ABOVE THIS DISCLAIMER & INDEMNITY ACCESS TO AND USE OF THIS WEBSITE (‘the Website’) AND ANY BOOKINGS MADE ARE SUBJECT TO AFRICAN OPULENCE (PTY) LTD’S (‘the Owner’) TRADING TERMS AND CONDITIONS (‘ T&C’) AND PRIVACY POLICY AS PER OUR WEBSITE: WWW.AFRICANOPULENCE.CO.ZA – WHERE THERE IS A CONFLICT BETWEEN ANY OF THESE DOCUMENTS, THE DOCUMENT THAT PROVIDES THEOWNER WITH THE BEST PROTECTION WILL PREVAIL
Accuracy of information and liability
The Owner does not accept responsibility for any travel service, rules and conditions that are incorrectly represented on the Website. The data and services shown are provided in good faith.
All packages, airfares and land arrangements published on the Website are subject to currency fluctuations, availability, increases, rules and conditions, and can be changed without prior notice.
Limitation liability
The Owner, its partners, members, directors or employees (‘the Indemnified Parties’) shall in no event be liable for any injury, loss, claim, damage, inconvenience or any incidental, economic, consequential, indirect or special loss or damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of or reliance on any display or information on the Website.
Indemnity
The user hold harmless and the Indemnified Parties against any consequences of accessing, using, relying in any way on information contained on the Website or making bookings via the Website including (without limiting the generality of the aforegoing) any incidental, economic, consequential, indirect or special loss, loss of or damage to personal effects, illness, injury, harm, trauma or death (howsoever caused) including any claim from his/her spouse, children or dependants for maintenance or otherwise or due to any arrangements having to be changed, amended or cancelled and/or legal costs (on an attorney and own client scale) that the Indemnified Parties may incur.
This indemnity and waiver is subject to the following aspects of the Consumer Protection Act, act number 68 of 2008 (‘the CPA’), if and when applicable:
- It does not exclude or limit to or purport to exclude or limit to any other claims due to the gross negligence of the parties indemnified (section 51)
- It does not exclude or limit the absolute liability of the parties indemnified as envisaged by section 61 of the CPA
I/we acknowledge that the content and implications of this waiver and indemnity and the dangers that I/we will be exposed to and which are inherent in my use of the website are clear to me/us, that I/we are aware that I/we may contact the Owner for clarification, that I/we have considered and understand the aforesaid, I/we have no questions or misapprehensions about the aforesaid, agreed to be bound by and willingly sign this document.