Terms & Conditions

Trading Terms and Conditions for Sereni Travel Studio (PTY) LTD

INTRODUCTION & GENERAL TERMS

We at Sereni Travel Studio like to keep things beautiful, simple and easy to understand but naturally there are some terms and conditions that need to in place in order to be clear and to protect you, our guest, as well as ourselves in case things don’t go as planned. In order to keep it simple we have split this document into 2 sections:

• Section 1: Deals with the basics and outlines processes and how things work

• Section 2: Gets into the nitty gritty of the terms and conditions.

By agreeing to the Sereni Travel Studio Trading Terms and Conditions (“Terms”) you agree to both Section 1 as well as Section 2 of this document. These Terms are accepted by the guest either by confirming their acceptance in writing of the Trading Terms or by paying a deposit. The agreement is between Sereni Travel Studio (Pty) Ltd (Company Registration No. 2025/273474/07) which may also be referred to as “We”/ “Us”/ “Our”/ “Sereni” or “Sereni Travel” and the Guest who can include the ‘team leader’ of a group or a person or company that is organising on behalf of any/all guests and can be referred to as “You”/ “Your”/ “Guest” or similar terms that make sense in context.

THE BASICS – SECTION 1 OF 2

1. THE ENQUIRY AND BOOKING PROCESS

1.1. An enquiry can be made via the website, phone call, email, social media or any other means preferred by the guest.

1.2. Once your enquiry is received, Sereni will reach out to confirm same and gather more details in order to put together a customised, provisional itinerary for you to consider.

1.3. We will ask your feedback on the provisional itinerary and once finalised, send you a final itinerary and request a deposit be paid in order to secure the booking.

1.4. The payment terms for the booking are as follows:

• 50% Deposit. If we book your air travel 100% of the air travel booking fee will need to be paid to secure the flights.

• The final balance of payment is due 60 (sixty) days prior to the scheduled travel

date;

• If you are making the booking less than 60 (sixty) days before your departure date then 100% of the booking price will need to be paid upfront to secure the booking.

• There are certain activities, circumstances and/or seasons where variations in our requested deposit may apply – if this is the case, we will notify you beforehand.

• If your trip includes deals or promotions these may be subject to alternative deposit/payment terms and conditions which we will advise you of beforehand.

• All payment are to be made in USD (US Dollars) or South African Rands in some cases, as this is the currency which a majority of the third parties we engage with accept regardless of your country of origin. We require all deposits and final payments to be made timeously in accordance with their respective due dates for payment to secure your bookings and ensure you have the smoothest experience as possible

2. BANKING DETAILS

2.1. Electronic funds transfers must be deposited into the Sereni Travel Studio bank account which details will be reflected on your invoice.

2.2. Please send a copy of the bank stamped MT103 slip to your Sereni travel curator along with your reference number so we can allocate your payment correctly.

2.3. If there are any uncertainties or if you would like to confirm if these banking details are correct please contact your Sereni travel curator and we will ensure you have the correct details. Please double check all payments before finalisation, Sereni Travel is not responsible for any transfers and money deposited into the incorrect bank account.

3. WHAT IS EXCLUDED FROM YOUR BOOKING

3.1. At Sereni Travel Studio we don’t like surprises or hidden costs and we believe in making sure we do not impose these on you. We try our best to list everything included within your booking to the fullest extent possible. Anything not listed within your booking should be assumed to be excluded from same. These exclusions could be but are not limited to the following:

3.1.1. Drinks in certain hotels/locations;

3.1.2. Laundry in certain hotels/locations;

3.1.3. WIFI and communications in certain hotels/locations;

3.1.4. Extra or excess baggage charges;

3.1.5. Transport, including flights and vehicular travel, at certain points along the trip;

and

3.1.6. Spa visits or opt in extra’s at certain locations.

3.2. If in doubt please feel free to enquire with us as to what is included and excluded

from your travel booking.

4. PRICE INCREASES OR VARIATIONS FROM TIME OF DEPOSIT TO FINAL PAYMENT

4.1. Sereni Travel Studio uses third party suppliers to provide our services to you and these often span many countries and are subject to many factors outside of Sereni’s control.

For example:

4.1.1. Tour planning companies

4.1.2. Accommodation providers;

4.1.3. Transport companies (air fare, fuel tariffs and surcharges, car hire etc);

4.1.4. National Parks which have entry fees by various government bodies; and

4.1.5. Tourist fees which are set by various government bodies.

4.2. Due to the use of these third party suppliers, if there are any changes to the price of your booking, we will advise you in advance. Sereni however cannot be held responsible for any such increases that are imposed on us and therefore you by these third parties. It is therefore always best to make your final booking payment as soon as possible as this reduces the risk of these adjustments taking place.

5. BOOKING CHANGES

5.1. At Sereni Travel Studio we get that things change and sometimes life does not allow you to travel as planned. Likewise, when we are dealing with third party suppliers sometimes human error does occur and an alternative plan needs to be made.

5.1.1. Should you, our guest, need to make a change to your booking for whatever reason, we will do our absolute best to make these changes with the least amount of disruption as possible but in certain circumstances cancellation fees may need to apply. This will largely depend on the timelines and policies of each supplier.

5.1.2. If there has been an error or if there is no availability for an accommodation, activity, or means of transport and this is not a change requested by you then we will try our best to:

5.1.2.1. Propose an acceptable alternative, subject to the terms andconditions of the relevant supplier; and

5.1.2.2. If you do not agree with the alternative we suggest or should a reasonable alternative not be available, we will refund you the amount arising from the change, subject to the terms and conditions of the relevant Supplier.

5.1.3. Even if you do not accept our proposed alternative, we promise to assist you in finding an alternative to your liking subject to any additional costs for the alternative services being for your account.

5.1.4. Please see the Cancellation Policy in Section 2 of these Terms for more details.

6. WHAT ARE YOUR RESPONSIBILITIES AS A SERENI GUEST

6.1. We rely on the information you give us in order to put together the best trip possible for you. Please always keep an open line of communication with us and let us know of any changes, doubts, fears or insecurities you may have about your booking as early as possible so we can take action to ensure the planning and execution of your trip is the most enjoyable experience possible.

6.2. Here are a few other quick points to note:

6.2.1. For important information or changes please use email so your enquiry is in writing and we both have it to refer back to if need be.

6.2.2. Please let us know of any allergies, medical conditions, or preferences before traveling so we can advise our suppliers of same and ensure you have a pleasant travelling experience.

6.2.3. Please make sure you have travel insurance in place before departing to cover goods as well as possible medical emergencies that may occur.

6.2.4. Please make payments as per the timelines listed above and advise us once payment is made.

6.2.5. Be safe and responsible while you travel and take all necessary precautions.

6.2.6. Do not do anything illegal, do not cause damage to suppliers’ property or assets and do not cause physical or emotion harm to anyone along your journey. You are at all times subject to the laws of the country you are visiting. Sereni is not liable for any misconduct or the consequences thereof.

6.2.7. If you are unhappy about something during the course of your trip please inform us as soon as possible to ensure we are able to assist.

6.2.8. Please speak to your doctor about any vaccinations that you may need for the countries you are entering or traveling through.

6.2.9. It is your responsibility to be on time for any transport plans and to have the correct documentation for the transport. For example please do not forget your passport when arriving for your flights.

6.2.10. It is your responsibility to make sure all your travel documents are valid (check expiry dates, the amount of blank pages etc).

6.2.11. It is your responsibility to exchange currency for the countries you are visiting if

you plan to shop at markets or give tips to staff – in some rural areas there are limited to no electronic payment options available and it will be necessary to ensure you have cash on hand for purchases.

6.2.12. If there are any credit card or payment disputes please speak to us first before you file a ‘chargeback’ with your bank. If you file a chargeback and we are not at fault we may need to recover these losses from you.

7. OUR RESPONSIBILITIES AS SERENI TRAVEL STUDIO

7.1. We will do our best to communicate with you throughout the process of planning your trip – this includes any changes or challenges that we face along the way. Some of our responsibilities therefore include:

7.1.1. Attending to the admin of designing, planning, arranging, securing, confirming and third party payments to secure your travel experience.

7.1.2. We will do our best to communicate as many details with you as possible to ensure the entire experience is simple and transparent.

7.1.3. If we make mistakes that have a financial implication on you we will not pass these costs onto you – we will take responsibility for any errors on our end.

7.1.4. We will provide accurate marketing and promotional material so that you always know what you are receiving.

7.1.5. We will treat our guests and suppliers with respect and without any discrimination whatsoever.

7.2. We have core values at Sereni and strive to uphold these principles at all times. Our values at Sereni are:

7.2.1. Authenticity and Integrity;

7.2.2. Quality and Personalisation;

7.2.3. Transparency and Accountability.

8. WAIVER, INDEMNITY, AND LIABILITY

8.1. Because we rely on third party suppliers and are not physically with you along your full travel experience we need to indemnify ourselves for the following:

8.1.1. Participating in the tours and experiences we plan for you are done at your own risk.

8.1.2. You indemnify Sereni Travel Studio and its directors, employees, assignees and/or agents against any claim arising for any damages or loss which might be instituted against it arising from or connection with the services contemplated in these Terms.

8.1.3. The guest, their heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against Sereni Travel Studio for any form of compensation for damages which they may suffer dueto injury and/or loss of any nature whatsoever, which includes accidents caused by the guest’s own actions, injuries or death while on the tour, in a transportation vehicle or at any place during the tour or illness or death at anytime after the tour.

8.1.4. Sereni Travel Studio acts solely in the capacity of an agent for third parties andas such Sereni holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss/ delay/damages/dissatisfaction caused by third party products and services. Sereni TravelStudio shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the guest acknowledging that, in the case of a defective product, it is unreasonable to expect Sereni Travel Studio to have discovered the product failure before the guest’s arrival.

8.1.5. All our suppliers will have their own terms and conditions and in certain cases would require a guest to sign these terms and conditions when arriving at the accommodation or a requirement for car rental, we would like to encourage our clients to familiarise themselves with these terms and conditions prior to signing.

8.1.6. Any fines or penalties, of any kind, incurred during the course of travel will be for the clients account.

8.1.7. By accepting these Terms the guest acknowledges personal responsibility for their own health and health safety when utilising any accommodation, or partaking in any activities or travel whilst on tour

TERMS AND CONDITIONS DETAILS – SECTION 2 OF 2

The below section outlines the details of the terms and conditions of our agreement and includes the information outlined in Section 1 of 2 above.

9. DEFINITIONS

9.1. Definitions for the purposes of this agreement, unless the context requires otherwise shall be as follows:

9.1.1. “Accommodation” means collectively any accommodation reserved by Sereni Travel Studio at any third party property and/or the provision of Activities and/or third party services (where relevant);

9.1.2. “Activities” means any recreational pursuit reserved by Sereni Travel Studio and shall include, without limitation, sight-seeing excursions, sporting activities and adventure activities;

9.1.3. “Applicable Jurisdiction” shall mean the country of domicile in which Sereni Travel Studio is registered and incorporated;

9.1.4. “Applicable Laws” means the Laws of the applicable jurisdiction;

9.1.5. “Booking/s” means the initiation, processing, amendment and/or finalisation of any Tour and shall include provisional bookings;

9.1.6. “Booking Amendments” means any change required by the Guest in the travel and/or arrival date, any increase or reduction in the number of rooms booked, and/or any services required after the date of Confirmation;

9.1.7. “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;

9.1.8. “Confirmation” means written confirmation by the Client confirming that the Reservation will be honoured and guaranteed;

9.1.9. “Group” and “Group Reservations” shall mean 15 (fifteen) full paying Guests or more per Reservation;

9.1.10. “Guest/s” means the end user of services rendered by either Sereni Travel Studio or a third party during the Tour and/or Tour Series;

9.1.11. “Independent Travellers” shall mean 14 (fourteen) full paying Guests or less per Reservation;

9.1.12. “Laws” means all legislation, statutes, regulations (as amended, replaced or re-enacted from time to time) which may be applicable in the Applicable Jurisdiction;

9.1.13. “Parties” means collectively Sereni Travel Studio and the Guest, and “Party” means either of them as the context may require;

9.1.14. “Rates” means the rates for the Accommodation as set out by Sereni Travel Studio in its then current rate documents, as substituted and sent to the Guest from time to time;

9.1.15. “Reservation” means a reservation made for or on behalf of the Guest and confirmed by Sereni Travel Studio in writing;

9.1.16. “Total Booking Value” means the monetary value of a Booking as invoiced by Sereni Travel Studio upon Confirmation by the Guest, which monetary value will be adjusted to the extent that the Guest requests further Booking Amendments to the Booking prior to date of travel;

9.1.17. “Tour” means all and any arrangements reserved by Sereni Travel Studio for the Guest, including but not limited to Accommodation, meals and beverages, “Travel and Activities” and “Touring Services” shall have a similar meaning;

9.1.18. “Tour Series” means a pre-arranged Tour being organised, marketed and sold to the Guest prior to commencement which may comprise of a single or multiple dates / departures;

9.1.19. “Trade Marks” shall mean any registered trademarks registered in the name of Sereni Travel Studio, (including any pending trade mark applications), as amended from time to time at the instance of Sereni Travel Studio and includes the well-known international common law mark, namely Sereni Travel Studio and its associated logos and stylised wording, Sereni Travel Studio being authorised to license the use of these Trade Marks for purposes of t these Terms;

9.1.20. “the / these Terms” or “the / this agreement” means the trading terms contained in this document as amplified by the provisions of any Annexure attached hereto or document referred therein from time to time;

9.1.21. “Travel” means any transport reserved by Sereni Travel Studio, including but not limited to road, water and air travel; and

9.1.22. “VAT” means Value Added Tax or any similar consumption tax payable in any country;

9.1.23. “Guest Information Form” means the initial inquiry form together with subsequent information forms filled out by the guest and sent to Sereni;

9.1.24. “Travel Curator” means a representative or representatives of Sereni that are tasked with the planning of a trip for the guests. This job title can include ‘Travel Consultant’, 'Sales Consultant’, ‘Travel Expert’ or any similar term used within the industry.

10. COMPANY DETAILS & ADDRESSES FOR NOTICES AND LEGAL PROCESS

10.1. Sereni Travel Studio (PTY) LTD

Email: neil@serenitravel.com

Phone: +27 (0)72 480 2595

Address: The Old Foundry, 1 Sand Hill Rd, Green Point, Cape Town, 8001

10.2. The Parties choose the following physical addresses at which documents in legal proceedings in connection with this Agreement may be served (i.e. their domicilia citandi et executandi) and at which any written notice in connection with this Agreement may be addressed:

to

• Sereni Travel Studio: The Old Foundry, 1 Sand Hill Rd, Green Point, Cape Town, 8001
• Guest: The address provided by you on the Guest Information Form.

10.3. Either of the parties may change this address to another address, by way of a notice to the other party to this Agreement, provided that such a notice is received at least 7 days prior to such a change taking effect.

11. GENERAL TERMS AND CONDITIONS

11.1. Itineraries relating to a Tour or Tour Series may be subject to change at any time (even after issue) due to unforeseen circumstances beyond the control of Sereni Travel Studio. This includes Travel, Accommodation and Activities, but every effort will be made to operate itineraries as planned.

11.2. Sereni Travel Studio reserves the right to make alterations to and/or withdraw Tour or Tour Series or any part of it as is deemed necessary, and to pass on any expenditures or losses caused by delays or events beyond our control to the guest. In case of any variation in pricing due to these circumstances, Sereni Travel Studio reserves the right to make adjustments to the itinerary of the Tour costs as necessary.

11.3. Sereni Travel Studio reserves the right to, in its sole and unfettered discretion, cancel a Booking if such cancellation is deemed to be necessary and in the interest of Sereni Travel Studio, which cancellation shall be made against a full refund of all monies paid in respect of such Booking.

11.4. Provision for the handling of baggage by Sereni Travel Studio will be as per the quotation. Weight restrictions for baggage on some routes of internal/domestic flights may apply, details of which will be provided within the supporting documentation.

11.5. Safekeeping of baggage and personal effects shall at all times remain at the risk of the Guest. Sereni Travel Studio will assume no liability for lost or damaged luggage.

11.6. It shall be the Guest’s responsibility to verify with the relevant international carrier the extent of luggage restrictions which may apply.

11.7. The Guest notes their obligation to, prior to travel, procure travel insurance sufficient to meet all medical expenses and related costs that may be incurred should a Guest require medical assistance whilst travelling with Sereni Travel Studio. Whilst serious incidents are rare, emergencies can be expensive and good medical insurance cover is mandatory.

11.8. Where medical emergencies warrant medical care, including the evacuation to a medical facility, the Guests insurer should cover this expense.

11.9. By virtue of the fact that Sereni Travel Studio sub-contracts all air travel services to independent airline carriers and/or air service operators, Sereni Travel Studio cannot accept any responsibility in respect of any delay or cancellation of any flight and/or any inaccuracies of flight schedules which may occur. All flights, where required, would need to be paid in full and shall be subject to such cancellation and refund terms as may be determined from time to time by the relevant airline carrier and/or air service operator.

11.10. Sereni Travel Studio reserves the right to take photographs during the operation of any Tour and use them for promotional purposes. By booking a Tour with Sereni Travel Studio it will be deemed that Guests have consented to the use by Sereni Travel Studio of any photographic image taken of them whilst on Tour. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.

11.11. No amendment, addition or consensual cancellation of these Terms will be binding unless it is recorded in writing.

11.12. If there is any conflict between the provisions of this document, the provisions of the Guests information form will take precedent.

12. BOOKING PROCESS, CHANGES AND CANCELLATION

12.1. The Guest is responsible for informing Sereni Travel Studio of any Bookings, Confirmations, Booking Amendments, reductions or cancellations of rooms or services in writing by e-mail to enable Sereni Travel Studio to make the required itinerary arrangements. The onus of proof of delivery will rest on the Guest.

12.2. Provisional Booking periods are determined by third party suppliers. Sereni Travel Studio reserves the right to release reservations.

12.3. Sereni Travel Studio will, at the request of the Guest in writing, attempt to extend provisional bookings. Any extension of any provisional period will, however, at all times remain the sole and unfettered discretion of third party suppliers.

12.4. The Guest should be in possession of the required deposit payment and travel insurance before confirming any Reservation with Sereni Travel Studio..

12.5. Where Touring Services have been booked the Deposit amount will be inclusive of an itinerary planning and arranging fee, handling and operational fee and VAT where applicable but exclusive of the cost of obtaining passports, visas, excess luggage and items of a personal nature unless expressly included.

12.6. Confirmed Accommodation will be subject to the appropriate payment and cancellation policy as set out herein.

12.7. Amendment, Reduction, Refund and Cancellation Policy:

12.7.1. An amendment will refer to a change in travel arrival date and/or an increase or reduction in number of rooms or services required, after Confirmation;

12.7.2. Reservations held by Sereni Travel Studio where no deposit has been paid by the Guest or where no guarantee has been given will be cancelled by Sereni

Travel Studio on notice to the Guest;

12.7.3. All amendments, reductions, refunds and cancellation for Independent Travellers will be determined in the sole and unfettered discretions of the suppliers utilised in any itinerary.

12.7.4. Refunds will not be made for any missed services in respect of the Tour, Tour Series, Activities, Transport;

12.7.5. In the event of cancellation of a Booking, Sereni Travel Studio shall be entitled to retain such portion of the Booking as may be prescribed by relevant consumer protection legislation (if applicable) in operation in the country of jurisdiction where the Booking is made or Confirmed by Sereni Travel Studio;

12.7.6. On cancellation of a confirmed Independent Traveller/s reservation Sereni Travel Studio will charge the Guest a cancellation fee as follows:

12.7.6.1. Cancellation between the date of Confirmation and 61 days prior to Travel shall equal to a cancellation fee of 50% of the total Booking value;

12.7.6.2. Cancellation between 60 days and the date of Travel shall equal to a cancellation fee equal to 100% of total Booking value

12.7.6.3. Cancellation during travel or stay shall equal to a cancellation fee equal to 100% of the total Booking value.

12.7.7. On cancellation of a Confirmed Group reservation Sereni Travel Studio will, subject to the relevant provisions of consumer protection legislation which may be applicable, charge the following cancellation fee:

12.7.7.1. Cancellation greater than 151 days prior to travel shall equal to a cancellation fee of 50% of the total Booking value;

12.7.7.2. Cancellation between 150 and 91 days prior to travel shall equal to a cancellation fee of 60% of the total Booking value;

12.7.7.3. Cancellation less than 90 days prior to Travel shall equal to a cancellation fee of 100% of the total Booking value; and

12.7.7.4. Cancellation during travel or stay shall equal to a cancellation fee of 100% of the total Booking value.

12.7.8. All amendments, reductions, refunds and cancellation policies for groups will be determined at the sole and unfettered discretions of the suppliers utilised in any itinerary.

12.7.9. In the event that a Guest cancels the Booking, in full or partially, for any reason whatsoever Sereni Travel Studio will levy cancellation charges as defined above. In the occasional instance where Sereni Travel Studio is able to obtain waivers of cancellation fees and/or secure an ex-gratia refund from suppliers Sereni Travel Studio will pass this onto the guest less the service fee from suppliers and/or Sereni Travel Studio. The service fee from suppliers can be attributed to merchant fees for the refund and any other fees associated with processing the refund. However, Sereni Travel Studio makes no guarantees as to securing such waivers or refunds.

12.7.10. Cancellations of Bookings must be done in writing. Where cancellations are sent by email, you must obtain an e-mail proof of receipt and retain written acknowledgement of receipt from Sereni Travel Studio before the cancellation will be deemed accepted.

12.7.11. Sereni Travel Studio will make every effort to confirm the services exactly as quoted after deposit payment. In the unlikely event of us being unable to confirm the itinerary or travel services you will be offered alternative available options or travel services.

12.7.12. If you do not provide the necessary names or complete our booking forms/ Guest Information Form promptly after paying your deposit, any resulting in delays in booking flights or other arrangements, shall be your risk for which you will be liable for any subsequent flight increases or itinerary changes due to the delay.

12.7.13. Sereni Travel Studio will make every effort to ensure delivery of services as defined in the confirmed itinerary however we reserve the right to cancel services where unavoidable due to circumstances beyond the control of Sereni Travel Studio. In the unlikely instance that Sereni Travel Studio should cancel services defined in the confirmed itinerary Sereni Travel Studio will provide a full refund on the cancelled service/s only.

12.7.14. Sereni Travel Studio will make every effort to avoid misquotation. However, we reserve the right to cancel a reservation without liability or penalty if an obvious error or omission leads to a material cost implication.

12.7.15. No refunds will be given by Sereni Travel Studio for partly used services, vouchers or for no-shows.

13. PRICES AND PAYMENT

13.1. The guest will be liable for the total Confirmed price, less any payments made by the guest to date plus any additional charges due to Booking changes that may be charged as explained herein.

13.2. All guests agree to transact electronically with Sereni Travel Studio via our third party payment vendor. Checkout for all international payments and VCS for all payments made in South Africa.

13.3. All payments must be made by credit card, internet transfer (electronic funds transfer) or telegraphic transfer (SWIFT). Payments are normally cleared within five business days. Cash and travellers’ cheques are not accepted.

13.4. If you fail to make the payments on or before the due date therefor, your Booking will be cancelled and you will forfeit the relevant deposit paid.

13.5. Price of the Tour shall include Sereni Travel Studio’s fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchange and tariffs and VAT at the relevant rate where applicable – this is included in the deposit and will not be refundable once paid.

13.6. Scheduled Activities will include entrance fees where stipulated but exclude them if not expressly stated. The Guest acknowledges that Sereni Travel Studio is entitled to revise and adjust the price of the Tour in the event that factors such as (without cancel any future Bookings made by the Guest; and/or recover from the Guest any costs incurred in cancelling the Booking; limitation) fluctuations in foreign currency exchange rates, changes in tariff rates and applicable taxes as they impact the price.

13.7. Unless prior arrangements have been made with Sereni Travel Studio the Guest shall at all-times remain solely liable and responsible for the payment of all invoices issued by Sereni Travel Studio in respect to Confirmed Reservations, as well as the payment of any fees due.

13.8. It is acknowledged by the Guest that, with specific reference to Touring Services which are arranged by Sereni Travel Studio, certain portions of Touring Services may be exempt from VAT, whilst other portions may be subject to VAT at the standard or zero rate. To this end the Guest agrees that prices and/or the fees charged by Sereni Travel Studio in respect of Touring Services are inclusive of VAT at the relevant rate, if applicable, but exclusive of any other taxes.

13.9. Sereni Travel Studio reserves the right to request payment by credit card or PayPal to secure all short lead time Bookings which have been confirmed within 7 (seven) days of travel.

13.10. Should the Guest fail to effect any payment on the due date or breach any other Trading Term, Sereni Travel Studio, be entitled to:

13.10.1. cancel these Terms and/or Booking and take such action as may be deemed necessary to recover the full amount owing to Sereni Travel Studio; and/or

13.10.1. cancel these Terms and/or Booking and take such action as may be deemed necessary to recover the full amount owing to Sereni Travel Studio; and/or

13.10.2. cancel any future Bookings made by the Guest; and/or

13.10.3. recover from the Guest any costs incurred in cancelling the Booking; and/or

13.10.4. refuse to accept any further Bookings from the Guest; and/or

13.10.5. request payment on arrival prior to the rendering of any Touring Services; and/or

13.10.6. levy a charge on all overdue account balances at a rate that is equal to the quoted prime lending rate as may be determined, to the extent applicable, by the relevant banking institution in the Applicable Jurisdiction published from time to time; and/or

13.10.7. apportion credits due to the Guest and apply same to any amounts which may be due to Sereni Travel Studio in terms of these Trading Terms.

13.11. Errors and Omissions Excepted: Sereni Travel Studio shall not be liable for any inadvertent delay in the issuing of an invoice or any supporting document (i.e. any related proposal(s) and / or quotation(s)) related thereto, or any omission or error contained in such invoice or supporting document provided that such delays, errors or omissions be rectified by Sereni Travel Studio as soon as reasonably possible after the discovery of the same.

13.12. Currency Movements: In an effort to simplify the Booking process Sereni Travel Studio will translate the local currency charges into a single currency being United States Dollars. Whilst this is done to be of assistance, the actual liability for the amounts remains in the source currency. In the event of any change to the current Booking, the Booking will be recalculated using the relevant exchange rate of the day as reflected on Oanda.com which may attract extra charges as a result. If a refund is due on a Booking, that refund will be calculated in the source currency and be paid in that source currency. We are able to pay these refunds in United States Dollars and if that is requested and will do so at the current rate of exchange which may or may not differ to the original rate of exchange when the Booking was first made. Bank charges will be for the Guest’s account.

13.13. All quotations generated by Sereni Travel Studio are based upon external supplier costs such as air fares, airport taxes, fuel surcharges, accommodation, car hire, park fees and gate fees which are outside of the control of Sereni Travel Studio. These supplier costs are therefore subject to change until final payment has been received or in the instance of air travel, until air tickets have been issued.

13.13.1. You agree that should any such costs increase, such an increase will be for your account and shall be payable to Sereni Travel Studio or as otherwise instructed by Sereni Travel Studio.

13.13.2. You also acknowledge that:

13.13.2.1. Airlines reserve the right to levy additional or increased airport taxes and fuel charges without notice at any stage prior to the flight and any such costs increased as a result of an increase affected by the airline will be for the Guest’s account and shall be payable to Sereni Travel Studio or as otherwise instructed by the airlines.

13.13.2.2. Road transportation companies such as transfer and car rental companies reserve the right to levy additional charges due to fuel price increases and/or government road levies without notice at any stage prior to the date of service and any such costs increase as a result of an increase affected by the road transportation company will be for the Guest’s account and shall be payable to Sereni Travel Studio or as otherwise instructed by the road transportation company;

13.13.2.3. Government/National Bodies, concession owners and other such parties involved in the running of private or public natural parks reserve the right to levy additional or increased park fees without notice at any stage prior to arrival and any such costs increased as a result of an increase affected by such parties will be for the Guest’s account and shall be payable to Sereni Travel Studio or as otherwise instructed by such parties.

13.14. Sereni Travel Studio will always work with suppliers to minimise any monetary increases that might possibly impact our Guest’s Booking. We note that expected increases can be anywhere from 5-10% depending on the service provider. Sereni Travel Studio will always communicate any cost increases with a Guest beforehand.

13.15. Exchange Rate Adjustments: Quotes are provided at the ruling daily exchange rate. Until Sereni Travel Studio has received payment, Sereni Travel Studio reserves the right to amend any quote before payment is received. Should the quote be increased as a result of an exchange rate fluctuation, the Guest undertakes to settle for any incurred increase. The onus will be on the Guest to check that there have been no changes in the quote prior to making the payment. Sereni Travel Studio accepts no liability for Bookings that have been cancelled because no payment has been received.

14. GUEST’S RESPONSIBILITIES

THE GUEST SHALL:

14.1. Provide at time of Confirmation their nationality as per their passport on which travel will occur, which information is to be used for market research data only.

14.2. Not, under any circumstances, promote (whether by advertising or otherwise) and/or sell, as the case may be, the travel packages and/or Accommodation to another end consumer , unless otherwise agreed and/or stipulated by Sereni Travel Studio.

14.3. Provide information as to their required travel itineraries, whether or not they require a specialised activities programme or tailor-made programme, the type of Accommodation required, the duration of the proposed stay, and similar information required by Sereni Travel Studio in order to arrange the itinerary and to confirm the Reservation.

14.4. Adhere strictly to the provisions of these Trading Terms.

14.5. Not knowingly engage in any distribution or trade practice or advertising method which could be harmful to Sereni Travel Studio.

14.6. Without delay, communicate about all Bookings and/or cancellations to Sereni Travel Studio in writing.

14.7. Not dispute or assist anyone else to dispute the validity of any Trade Marks, patent or design, or any copyright in any advertising material, belonging to Sereni Travel Studio and used in connection with the travel packages and/or Accommodation during the period of these Terms.

14.8. Promptly comply with any reasonable instruction given by Sereni Travel Studio.

14.9. Not appoint any sub-Guest or agent without Sereni Travel Studio’s prior written consent.

14.10. Ensure comprehensive travel insurance is purchased covering the Guest for personal effects, personal accident, medical and emergency travel expenses, cancellation and curtailment.

14.11. Ensure all travelling on the itinerary have the necessary and correct passport, visa and vaccination requirements to cover all the countries into which travel is planned.

14.12. Seek medical advice regarding prophylaxis and vaccination requirements for countries and regions into which travel is planned.

14.13. Be advised that in some cases travel may take them into isolated regions and in close proximity with wildlife in which event the Guest will be required to sign a conditions and waiver form at the time of their travel.

14.14. At time of Booking provide all special requests or preferences via Sereni Travel Studio’s Guest Information Form.

14.15. At all times be solely responsible for ensuring all payments due to Sereni Travel Studio are received timeously and in full by Sereni Travel Studio in accordance with the provisions of these Trading Terms.

14.16. In the event of any credit card payment dispute, refrain from filing any unfounded or unlawful payment dispute (“chargeback”) with the Guest’s issuing bank without first attempting in good faith to resolve the dispute with Sereni Travel Studio. The Guest acknowledges that any unlawful or unfounded chargeback will result in Sereni Travel Studio sustaining financial loss which will entitle Sereni Travel Studio to institute appropriate remedial action to mitigate against such loss which action may include, without limitation, challenging the grounds with the Guest’s issuing bank the grounds on which the chargeback was requested by the Guest or instituting legal action as may be deemed appropriate to enforce the rights of Sereni Travel Studio.

15. SERENI TRAVEL STUDIO RESPONSIBILITIES

SERENI TRAVEL STUDIO SHALL:

15.1. Have the responsibility of planning and arranging itineraries, provide quotations, make Reservations, Confirmations, invoicing and credit control relating to the Tour and/or Tour Series.

15.2. Stipulate all Accommodation, room types, specifications, transfers provided on arrival and departure from airport to hotel and return when specified in the itinerary.

15.3. Be entitled to change Travel arrangements (e.g. flights), Accommodation and arranged Activities due to unforeseen circumstances after the itinerary has been issued. Should this occur Sereni Travel Studio will inform the Guest beforehand. Every effort will be made to operate the Tour as planned.

15.4. Make every effort to secure special requests, however these cannot be guaranteed.

15.5. Promptly supply the Guest with brochures, information and marketing collateral that the Guest may from time to time reasonably require for the purpose of their obligations in terms of these Terms.

15.6. Ensure that all brochures, advertising material and other documents of whatever nature supplied to the Guest are accurate and fully comply with all applicable laws, regulations, rules and codes of practice.

16. THE GUEST ACKNOWLEDGES THAT

16.1. the Tour/Tour Series or part thereof offered by Sereni Travel Studio may be inherently dangerous, which dangers may include (without limitation) Guests visiting isolated regions, being in close proximity to wildlife, using chartered Travel and participating in Activities;

16.2. parts of the Tour/Tour Series may be carried out and operated by third party service providers and that Sereni Travel Studio does not accept any responsibility for the performance of these parts of the Tour/Tour Series;

16.3. the Guest may be required to accept additional terms and conditions, which may include exclusions or limitations of liability before commencing certain Activities or embarking on certain Travel;

17. THIRD PARTY TERMS AND CONDITIONS

17.1. By accepting Sereni Travel Studio’s Trading Terms, you also agree to the terms and conditions of our suppliers. These suppliers include, but are not limited to, accommodation providers, transportation services, and activity providers. This means their terms and conditions will apply in addition to ours.

17.2. While Sereni Travel Studio acts as an intermediary, each supplier operates independently and is responsible for providing the services you have booked. We strongly advise you to review the specific terms and conditions of each supplier, as they will govern the respective services provided.

17.3. Any claims, disputes, or issues related to the services provided by our suppliers must be resolved directly with the supplier. Sereni Travel Studio will assist to the best of our ability but cannot assume liability for services provided by third parties.

17.4. Suppliers reserve the right to make changes to their services, including pricing, itineraries, and availability. We will communicate any such changes to you promptly, and your acceptance of our these Trading Terms includes acceptance of such potential modifications by suppliers.

17.5. Each supplier may have specific requirements, such as health and safety regulations, entry permits, and other travel-related conditions attached to the provision of their services. It is your responsibility to comply with these requirements as stipulated by the suppliers.

18. FLIGHT RULES

18.1. All airlines require the full names of passengers as stated in their passports. In addition to this, when booking flights with Sereni Travel Studio, we require passport details of all passengers’ booked. Please provide full first/given name (including middle name

if it’s shown in said passport) and last/family name as indicated on the "barcode" at the bottom of your passport bio page.

18.2. Failure to provide the correct spelling at the outset or any name corrections/changes post flight issuance, may result in additional fees for the Guest’s account. It is a security procedure which will ensure there are no discrepancies between the Guest’s passport and their flight booking. Sereni Travel Studio accepts no responsibility for incorrect passport numbers or incorrect spellings of full names as submitted by the Guest. Please ensure that you provide accurate information via the Traveller Information Form (as discussed below).

18.3. After air tickets have been issued, any changes will be subject to the relevant airline’s terms and conditions applicable to that fare type.

18.4. It is your responsibility to check and correct any errors in respect of your flight reservations which appear on the Travellers Information Form. Sereni Travel Studio accepts no liability for incorrect details provided by you.

18.5. Airfares are only guaranteed once the consultant has received your deposit and a Traveller Information Form for each traveller. once both are received the air ticket can be issued and thus the airfare guaranteed.

18.6. If any airline levies additional or increased airport taxes and fuel charges at any stage prior to your flight, you agree that such an increase will be for your account and shall be payable to Sereni Travel Studio or to the airline (as applicable) if instructed to do so.

18.7. Sereni Travel Studio cannot guarantee any airline seating or meal requests. However, Sereni Travel Studio will endeavour to assist you in this regard.

18.8. All of your baggage and personal belongings are at all times your responsibility. Sereni Travel Studio will not accept any liability for any misplaced baggage or any loss or damage to your baggage or personal effects.

18.9. Should you cancel your air ticket, the cancellation will be subject to the relevant airline’s terms and conditions applicable to that fare type.

18.10. Should a refund be granted by the relevant airline, it may be subject to a delay as Sereni Travel Studio will only be obliged to refund any amounts once it receives such amounts from the relevant airline. Please note airline refunds take between 6-8 weeks in any normal circumstances. Sereni Travel Studio’s service fee will be deducted from any refunds made by the airlines and the balance will be paid back to the Guest.

18.11. Air tickets which are unused for more than 1 (one) year from the date of issue are considered expired and must be submitted to the relevant airline to refund. Sereni Travel Studio will make every effort to assist you in obtaining this refund but cannot provide you with any guarantees in this regard.

18.12. Sereni Travel Studio will provide you with an e-ticket reference number together with a full itinerary, once the air ticket has been fully paid for.

18.13. In the event of a voluntary change to your airfare, you will be responsible for the difference in all applicable fares and taxes applicable to that airfare.

18.14. When there are any flights within the itinerary, passengers who weigh 100kg (220lbs) or more are asked to please insert same as part of the Guest Information Form at the time of booking and notify us as well as they may require an additional seat to be reserved for them from the outset of their booking and any such associated costs included within their booking. This information is required by airlines to ensure they appropriately manage weight distribution and the balancing of the aircraft.

18.15. In the instance where an airline is grounded for whatever reason (e.g. bad weather), Sereni Travel Studio will facilitate the booking of new or alternative transport services for the Guest, with the settlement of such bookings for the Guest’s account. Should the Guest qualify for any flight refunds Sereni Travel Studio will facilitate the refud process on the Guest behalf and make payment of the refunded fare once received from the airline, minus any Sereni Travel Studio service fees. .

19. BAGGAGE RULES

19.1. You must ensure that you meet the baggage regulations of the airlines and charter companies that you will be using. While we will assist and inform you of the requirements, you however will remain responsible for ensuring you meet the baggage regulations of each airline and charter company you travel with.

19.2. In particular, light aircraft flights have extraordinary baggage regulations which include, but are not limited to, weight, structure and shape of luggage bags. Sereni Travel Studio recommends that you seek the advice of its Travel Curators for more information.

19.3. If you do not adhere to the relevant baggage regulations, the transfer of your baggage may be delayed and/or transferred at extra cost to you.

20. PASSPORTS AND VISAS

20.1. You must ensure that you meet the necessary travel documentation, permit and/or visa regulations of the countries you intend entering, transiting through or visiting. Sereni Travel Studio recommends that you seek the advice of its Travel Curators. However, you remain responsible for ensuring you meet these regulations.

20.2. Your passport must have sufficient blank visa pages available in accordance with international regulation. A minimum of 3 (three) adjacent blank visa pages per country should be allocated per entry, transit, or visit.

20.3. Your passport must be valid for the prescribed period contained in the applicable regulations of the countries you will be entering, transiting through, and/or visiting. As a minimum and worldwide standard, your passports must be valid for at least 6 months after your travel dates.

20.4. It is imperative to check your visa requirements with the relevant embassies /consulates of the country you are entering, transiting through, and/or visiting as it may vary according to your nationality.

20.5. To view the visa requirements for various countries, we've collaborated with Sherpa to simplify the process. Follow this link to check your visa requirements based on your nationality.

20.6. If you are travelling alone with minor children (any person under 18 years of age at the time of travel), you will need to provide a police certified letter of consent from the parent/s of the minor confirming that the children are allowed to travel with you. Sereni Travel Studio recommends that you seek the advice of its Travel Curators. However, you remain responsible for ensuring you meet these regulations.

20.7. Parents travelling internationally with children (any person under 18 years of age at the time of travel), especially to Africa, may be asked by their home civil servants, and/or by those of the country they are travelling to, to show the child’s full unabridged birth certificate on their respective exit/entry. Although most of the countries we prepare travel packages for, do not officially require same, it is best to rather travel with the aforementioned document to avoid any undue delays in travelling.

21. INOCULATION, IMMUNISATION AND MEDICATION

21.1. You must ensure that you meet the immunisation, inoculation, and medication regulations of the various African countries you will be travelling to. Sereni Travel Studio recommends you seek the advice of its Travel Curators and review the guidelines for each country on their requirements for travel relating to immunisation, inoculation and medication regulations. However, you remain ultimately responsible for ensuring you meet the immunisation, inoculation and medication regulations requirements of each African country you visit.

21.2. It is your obligation to ensure that you are medically fit to travel.

22. TRAVEL INSURANCE

22.1. You agree to purchase comprehensive travel insurance at the time of your Booking. You acknowledge that without such travel insurance, you will be responsible for all costs arising from any cancellation, re-routing or rescheduling of your trip or any emergency (medical or otherwise) that may arise during your travel. You agree that in the event of you failing to purchase adequate insurance cover, you will not hold Sereni Travel Studio responsible for any harm or loss that you may suffer.

22.2. Please note that when a Guest cancels their booking and thus requests an insurance letter to proceed with a claim, Sereni Travel Studio cancels all services with the respective suppliers and provides the claims letter to the Guest. Once a booking is cancelled by us in writing to the suppliers, it is considered a full cancellation. Any new/replacement Booking will be subject to the applicable payment terms as outlined herein associated with the new travel dates and services.

23. HEALTH PROTOCOLS AND INDEMNITIES

23.1. The Guest acknowledges personal responsibility for their own health and health safety when utilising any Accommodation, or partaking in any Activities or Travel whilst on Tour.

23.2. The Guest warrants and will provide written confirmation of their adherence and strict compliance to all health safety policies, rules, processes, procedures and guidelines (“Health Safety Protocols”) which may be applicable at any

Accommodation from time to time.

23.3. The Guest further acknowledges that, whilst Sereni Travel Studio may request third party service providers providing Accommodation, Activities and/or Travel on Tour to implement health safety standards similar to Sereni Travel Studio‘s Health Safety Protocols, Sereni Travel Studio is not in a position to enforce health safety processes and procedures to be followed by third party service providers, nor is it in position to verify the standard at which same may be implemented by third party service providers. Consequently, it will be deemed that the Guest acknowledges and agrees that Sereni Travel Studio cannot accept any form of liability (in the broadest terms) should the Guest(s) or any member of their party contract an infectious disease when using Accommodation or partaking in any Activities or Travel offered by third party service providers.

23.4. The Guest is duly informed that:

23.4.1. certain Accommodations, including third party properties, may be open to members of the public and as such may be frequented by other members of the public;

23.4.2. they may visit public places during a Tour;

23.4.3. by coming into contact with other members of the public or visiting public venues they recognise that they may be at a higher risk of contracting an infectious disease;

23.4.4. by visiting public areas it will be deemed that the Guest has voluntarily accepted the higher risk of infection; as Sereni Travel Studio does not have any control in respect of the health safety practices followed by members of the public, nor any control in respect of health safety protocols, policies and rules implemented at public venues, Sereni Travel

Studio will not be liable (in the broadest terms) should the Guest(s) or any member of the party contract an infectious disease by coming into contact with a member of the public who is infected with a contagious disease or when visiting a public venue during whilst on Tour.

24. WAIVER, INDEMNITY, AND LIABILITY

24.1. All vouchers, receipts and tickets issued by Sereni Travel Studio to you are subject to the applicable supplier’s terms and conditions.

24.2. Participation in any Tour or Travel package arranged by Sereni Travel Studio and provided by any of its suppliers (including but not limited to transportation to or from any venue) is undertaken at your own risk.

24.3. The Guest their heirs, dependants, agents, executors or their assignees hereby agree to hold harmless Sereni Travel Studio from, for and against all claims, arising from or following or in any way connected to the following:

24.3.1. these Terms;

24.3.2. the Booking;

24.3.3. the Tour/Tour Series or any part thereof;

24.3.4. all and any statutory or strict liability;

24.3.5. all and any negligent acts (excluding gross negligence) or omissions of Sereni Travel Studio;

24.3.6. all and any acts or omissions of any other party, including but not limited to third party service providers (not limited to negligent acts); or

24.3.7. all and any extraneous events including but not limited to rain, storm water, hail, lightening, fire, riots and strikes.

The Guest hereby agrees to indemnify Sereni Travel Studio from, for and against any legal or other expenses which may be incurred as a result of and/or in consequence of any third party claim arising from or following or in any way connected to:

24.4.1. These Trading Terms;

24.4.2. the Booking;

24.4.3. the Tour / Tour Series or any part thereof; or

24.4.4. the conduct of the Guest(s).

24.5. Sereni Travel Studio acts solely in the capacity of an agent for third parties and as such Sereni Travel Studio holds themselves free of responsibility or liability for any delays, loss or damages from any cause whatsoever including loss, delay, damages, or dissatisfaction caused by third party products and services in association with a Tour. Sereni Travel Studio shall be exempt from all liability in respect of any claim whatsoever as aforesaid, the Guest acknowledging that, in the case of a defective product or service, it is unreasonable to expect Sereni Travel Studio to have discovered the failure having regard to Sereni Travel Studio’s role in arranging access to the third-party products and services on behalf of the Guest.

24.6. All our suppliers have their own terms and conditions and in certain cases may require a Guest to sign these terms and conditions when arriving at the Accommodation or as a requirement for car rental.

24.7. Guest’s must please note that, car rental companies will send notifications when a vehicle is going over any applicable speed limits, after a final notification is sent, the insurance for the vehicle will be cancelled.

25. FORCE MAJEURE

25.1. If either party is prevented, restricted, hindered or delayed, whether directly or indirectly, from carrying out all or any of its obligations under these Trading Terms for any cause beyond the reasonable control of that party (including without limiting the generality of the a foregoing: war, civil commotion, riot, insurrection, strikes, lock- outs, fire, explosion, natural disasters, floods, disease, epidemic, pandemic, quarantines, acts of State and acts of God), the party so affected shall be relieved of its obligations hereunder during such period that the force majeure occurrence continues and shall not be liable for any delay or failure in the performance of any of its obligations hereunder or for any loss or damages which the other party may suffer due to or resulting from such delay or failure on the part of the affected party to perform, provided that written notice of the inability to perform shall be given by the affected party within 48 (forty eight) hours of the occurrence constituting force majeure.

25.2. The party invoking force majeure shall use its best endeavours to mitigate or terminate the circumstances giving rise to force majeure and upon termination of these circumstances giving rise thereto, shall forthwith give written notice thereof to the other party that the event has ceased.

26. COMPLAINT AND DISPUTE RESOLUTION

26.1. Any complaints should be telephonically reported to Sereni Travel Studio at the time of the incident and should be followed up in writing to Sereni Travel Studio, marked for the attention of the Client Experience Manager, no later than 30 (thirty) days after the incident has occurred.

26.2. Complaints should be forwarded via email to neil@serenitravel.com

26.3. Sereni Travel Studio will acknowledge your complaint and endeavour to investigate it with the relevant service provider within 30 days following receipt thereof after which it will provide you with written feedback.

26.4. Although Sereni Travel Studio will make every effort to assist in the resolution of the complaint, it cannot guarantee the satisfactory resolution of complaints for services and products outside of its control and for which it is not responsible.

27. CONFIDENTIALITY

We are committed to protecting your privacy and confidentiality. Any information provided by you during the course of using our services, including but not limited to personal details, account information, and communications, will be treated with the utmost confidentiality. We will not disclose, sell, or distribute your information to any third party without your explicit consent, except as required by law or to fulfil our contractual obligations to you. By using our services, you agree to abide by this confidentiality clause and understand that breaches of confidentiality may result in legal action.

28. EDITORIAL CONTROL

Our website contains content provided by third parties and hyperlinks to other sites. Sereni Travel Studio does not screen or filter such content or the other sites or information available from the other sites, and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage our users to report any infringement, illegal or criminal content found on any of the sites available through links from this site in order to investigate whether such a link should be removed. Due to the variation of season our rates are purely an indication and whilst we do our level best to maintain the accuracy these are indicative.

29. APPLICABLE LAW

29.1. Sereni Travel Studio is maintained and controlled in the Republic of South Africa and as such, the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this agreement.

29.2. Any dispute which arises out of or in relation to this agreement, whether directly or indirectly (“the Dispute”), shall first, by written notice (“Dispute Notice”), be referredfor negotiation between senior executives of the Parties with the necessary authority to settle the Dispute.

29.3. The senior executives shall forthwith upon receipt of the Dispute Notice in good faith attempt to resolve the Dispute as expeditiously as possible but, in any event, not later than 30 (thirty) calendars from the date on which the Dispute Notice was first issued.

29.4. In the event of the Parties failing to reach a negotiated settlement within the period aforesaid the Parties shall refer the Dispute for arbitration subject to Applicable Laws governing arbitration proceedings within the Applicable Jurisdiction.

29.5. The provisions of this shall not preclude any Party from access to an appropriate court of law for interim relief in respect of urgent matters by way of an interdict, or mandamus pending finalisation of this dispute resolution process.

29.6. This clause is a separate, divisible agreement from the rest of this agreement and shall remain in effect even if the agreement terminates, is nullified or cancelled for whatsoever reason or cause.

30. INTELLECTUAL PROPERTY RIGHTS

All the content produced by Sereni Travel Studio, including text, graphics, logos, icons, designs, colours, layout and trademarks are the intellectual property of Sereni Travel Studio and its associates and are as such protected by South African and International Intellectual Property Law.

31. CHANGE TO USER AGREEMENT

Sereni Travel Studio reserves the right to make changes to this agreement at any time without notice.

32. BREACH

32.1. The Parties shall be entitled, without prejudice and in addition to any rights which they may have in terms of these Trading Terms or in Law applicable within the Applicable Jurisdiction, to -

32.1.1. forthwith cancel their agreement and these Terms; or

32.1.2. to cancel any Reservations that may have already been made for the Guest; or

32.1.3. to uphold these Terms and in either event claim such damages as it may have suffered in the event that the other party:

32.1.3.1. commits a breach of any of the terms of these Trading Terms, and fails to remedy such breach within a period of 7 (seven) days after receipt by it of written notice from the other party calling for such breach to be remedied; or

32.1.3.2. takes steps to enter into a compromise with any of its creditors or takes steps or has steps taken against it for liquidation, winding up, deregistration, being placed under business rescue or judicial management (or any similar process); or

32.1.3.3. prior to or during the currency of these Trading Terms, commits or has committed an act of insolvency or an act which would be an act of insolvency as governed by relevant insolvency Laws applicable within the Applicable Jurisdiction and/or, in the case of the Guest, relevant insolvency legislation in the country of domicile (i.e. registration and incorporation) of the Guest; or

32.1.3.4. fails to satisfy any judgment taken against it and of which it is aware and fails, within 10 (ten) calendar days of the date on which the judgment is granted or the date on which it becomes aware of the judgment, whichever is the latter, to take such steps and to continue to take such steps as may be necessary to have the judgment set aside, or, having taken such steps, fails to satisfy the judgment within 10 (ten) calendar days after the date on which it becomes final, or

32.1.3.5. in the event of the Guest being the breaching party, the Guest fails to timeously pay to Sereni Travel Studio any amount due to Sereni Travel Studio as set out in these Trading Terms, and fails to remedy such breach within a period of 3 (three) business days after receipt by it of written notice from Sereni Travel Studio calling for such breach to be remedied.

33. MISCELLANEOUS

33.1. Entire Agreement

33.1.1. These Terms , as well as any other documentation, guidelines and or other written advices and/or directives issued by Sereni Travel Studio to the Guest shall constitute the entire agreement between the parties.

33.1.2. Sereni Travel Studio shall not be bound by any representation, warranties, undertakings, promises or the like (whether or not made by Sereni Travel Studio, its companies or servants) which are not recorded herein.

33.1.3. Subject to the provisions of these Terms, no alternation, variation or cancellation, amendment or addition to, or deletion shall be of any force or effect unless in writing and signed by or on behalf of the parties.

33.2. Non Waiver

No failure by a party to enforce any provision of the Trading Terms shall constitute a waiver of such provision or affect in any way a party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

33.3. Data Protection

33.3.1. The Guest is duly informed that, subject to Applicable Laws and Sereni Travel Studio’s Privacy Policy, Sereni Travel Studio may be required to electronically collect, store and use personal information, including the Guest(s) name/s, contact details, email addresses, IP addresses etc. for the purpose of carrying out any Tour and, unless objected thereto, it will be deemed that the Guest(s) have consented to Sereni Travel Studio retaining such personal information for as long as is necessary or legally required in order to render services under the Tour or Tour Series or as may be required to comply with relevant statutory obligations under Applicable Laws.

33.3.2. Sereni Travel Studio warrant that it shall adhere to the roles and responsibilities applicable to it in relation to the processing of any personal information belonging to the Guest in accordance with the provisions of Applicable Law.

33.4. Cession

33.4.1. Sereni Travel Studio shall be entitled, without the consent of the Guest, to cede, delegate or assign all or any of its rights and/or obligations hereunder to any nominee elected by Sereni Travel Studio.

33.4.2. On any cession, assignment and/or delegation taking place in terms of this clause, the Guest shall, if so required by any cessionary, make all payments to such cessionary.

33.4.3. The Guest shall not, without the written consent of Sereni Travel Studio, beentitled to cede, assign, delegate or otherwise transfer any of its rights or obligations hereunder to any third party.

33.5. Severability

33.5.1. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.

33.5.2. If any provision of these Trading Terms is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

33.5.3. The parties declare that it is their intention that these Terms would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.

33.6. Co-Operation

Each Party shall co-operate with the other and execute and deliver to the other such other instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights and the intended purposes.

33.7. Costs

All and any costs incurred by either party arising out of or in connection with a breach of any of the provisions of these Trading Terms by the other party, including but not limited to legal costs on the attorney and own client scale,shall be borne by the party in breach.