Terms & Conditions

Safari Skies (Pty) Ltd
Terms and Conditions
You understand and acknowledge that Safari Skies has your Personal Data, which is needed in order to
offer you our service. We will process your Personal Data in accordance with our external privacy policy.
The booking you make with Safari Skies is only for the portion of your journey operated by Safari Skies,
and Safari Skies takes no responsibility for any costs associated with onward connecting flights, ground
transportation arrangements, or hotel arrangements – no matter what happens, even if we are late or
unable to operate a flight.
➢ Airport Transfers
Transfers to and from Cape Town International airport designated pick up and drop off points are
complimentary.
➢ Lounge facilities
Safari Skies have partnered with Signature Aviation for our aviation needs and requirements. The use
the Signature lounge is for our guests and is complimentary on the day of travel.
The lounge is available to be used within the specified opening and closing times.
➢ Travel documents
Adults –
Have your appropriate visa and travel documentation according to your passport prepared for your
arrival at the South African customs and immigration authorities and for further travel within South
Africa.
Children –
South African regulation requires children under the age of 18 to possess an unabridged birth certificate
and for visa applications to be made in person; please enquire at your local South African embassy for
more detailed information.

➢ Tour agents
No discounts unless otherwise given approval by the Director.
➢ Ticket reservation applications and restrictions
Bookings –
Online purchasing for flights may be made at any time up to forty-eight (48) hours before the scheduled
time of departure and must be paid in full.
The applicable 15 percent VAT is already added to the ticket price upon purchase.
All sales are final, and a successful booking is guaranteed once payment has been completed. When
various people are viewing the same flight online at the same time, the first person to successfully
complete their payment will be allocated that fare.
Once a booking is created, it will be cancelled after 3 hours if no payment is received.
Less than forty-eight (48) hours to the time of departure flight purchases may or may not be accepted by
Safari Skies management.
Rebookings –
Our guests may rebook a flight ticket to any destination on the Safari Skies network subject to
availability up to thirty (30) days prior to the date of their initial flight ticket. If no scheduled flight seats
are available for the requested travel date, guests may use their flight ticket towards the cost of booking
a charter flight. In this case, the guest must make a formal inquiry with Safari Skies requesting a charter
quotation. Re booking fees will be applied. Any difference in fares will be applied. The fare must be
equal or higher than the previous fare. When a change results in a lower fare no refund of the residual
amount will be made.
Refunds –
If our guests intend not to travel and have already purchased flight tickets for their intended destination,
guests may request a full refund sixty (60) days prior to the date of their initial flight ticket. A handling
fee of 15 percent of the ticket sector cost will be applicable to the refund.
Our guests will be refunded at the ticket price in South African Rands (ZAR)
General –
Travel must commence within twelve (12) months from the day the flight ticket sector is purchased in
full.
All flight ticket purchases for each flight sector must be paid in full before a seat on the flight may be
allocated.
No cash for any transaction is accepted

➢ Child discounts
Infants aged 0 – under 2 (to the day before their second birthday) have no charge
Note: a belly loop (seat belt extension) will be provided
Note: Infants are required to occupy the parent or legal guardian’s lap for the flight
Children will be charged 100 percent of the ticket fare for the intended travel route, and will be
allocated a seat.
All children below the ages of 16 years old before the day of their birthday must be accompanied by
their parent or legal guardian who has the legal and authorised papers required by the relevant
authorities.
➢ Cancellations/ No Shows
Penalties are permitted at anytime
A passenger that fails to check-in within the allocated period (maximum 2 hours and minimum 30
minutes before scheduled departure time) will be regarded as a no show and will forfeit their seat and
the portion of the fare that is allocated to that leg of the flight reservation.
Boarding closes strictly 20 (twenty) minutes before the flight is scheduled to leave.
A passenger no show for a flight already booked by the passenger who has not notified Safari Skies prior
to their travel date of their intention not to travel or to request a rebooking due to their personal
circumstances, will forfeit the ticketed sector or sectors. In this case the forfeited ticket is NOT
transferable.
Exceptions:
Forfeited tickets will be refunded in full without the handling fee in the case of hospitalisation or death
of the passenger, or death of an immediate family member (coinciding with travel dates). Proof must be
provided in such cases.
➢ Flight cancellations
Flight cancellations are permitted at any time.
Flight cancellations may occur due to the following circumstances but not limited to:
The prevailing weather conditions, flight technical events, government VIP movement, striking, air traffic
services, navigation services and other events of similar nature that are out of Safari Skies’ immediate
control.
In the event of a flight cancellation due to circumstances out of the immediate control of Safari Skies, a
flight ticket refund is not permitted.
In the event of unforeseen circumstances beyond the reasonable immediate control of Safari Skies,
every reasonable effort will be made by Safari Skies to have our guests’ arrival at their final intended
ticketed destination.
➢ Flight Delays
Flight delays may occur at any time.
In the event that the flight has been delayed, the use of the lounge is permitted.
Flight times can change as a result of Safari skies operational or commercial needs to do so, or
because of unforeseen delays. Save as otherwise provided by the Conventions (when applicable),
you further agree that you will not hold Safari Skies liable for any losses or damages as a result of
these sorts of changes or delays.
Where a flight is delayed by more than 3 (three) hours or the scheduled time is changed by more
than 2 (two) hours, and you wish not to continue on that flight, we will Reaccommodate you for
free, to any other Safari Skies flight, or offer a full refund of the booking in the form of a Safari Skies
Wallet.
No accommodation, transportation or other compensation will be provided where customers are
delayed, flight times are changed, or customers are denied boarding.
➢ Flight Travel for Safari Skies partners
Travel with Safari Skies is permitted.
The normal booking process are to be followed when booking a flight ticket sector.
➢ Baggage
Left luggage –
Safari Skies will provide a secure facility at Signature Aviation for our guests’ luggage that is not
needed for their safari trip.
Checked luggage –
A soft sided duffel bag is permitted with the following limits:
– A weight of 20 kg per person applies
We will endeavourer to assist guests who may have additional bags if flight limitations allow.
Hand luggage –
– A weight of 5 kg per person applies
Safari Skies will not accept liability for losses or damage to valuable items including, but not
limited to, cell phones, jewellery, laptops, electronic items, cash, credit cards, documents, sunglasses,
spectacles, fragile or perishable items packed in baggage.
➢ Dangerous goods
Safari Skies does not permit the carriage of dangerous goods as laid out in IATA and SACAA
regulations on board the aircraft scheduled to and from safari luxury lodges at any time.
For domestic flights check-in closes 30 min before departure with boarding gates closing 20 min before
departure. For international flights check-in closes 60 min before departure with boarding gates closing
20 min before departure. Late passengers will be denied boarding.
➢ CUSTOMER CONDUCT
Safari Skies reserves the right to refuse anybody carriage if one or more of the following has happened
or we reasonably believe it may happen:
– If carrying you or your luggage may put the safety of the aircraft or the safety or health of
any person in the aircraft in danger
– If carrying you or your luggage may affect the comfort of any person in the aircraft;
– If you are under the influence of alcohol or a drug having a narcotic effect, to the extent
where the safety of the aircraft or its occupants is, or is likely to be, endangered;
– If you are, or we reasonably believe you are, in unlawful possession of drugs;
– If you have ever been caught smoking (cigarettes, e -cigarettes or vaping device), attempting
to smoke (cigarettes, e-cigarettes or vaping device), and/or tampering with a smoke
detector on a previous flight by a member of our crew;
– If your mental or physical state or health is considered a danger or risk to you, the aircraft or
any person onboard, or you have failed to meet government, public health body, or other
government enforcement body, health requirements applicable for the country you are
travelling to;
– If you have refused to allow a security check to be carried out on you or your luggage;
– If you have not observed or obeyed the instructions of our ground staff or a member of the
crew of the aircraft relating to safety or security, including but not limited to the
requirement to comply with health mitigation measures implemented to prevent the spread
of infectious disease;
– If you have used threatening, abusive or insulting words towards our ground staff or
another passenger or a member of the crew of the aircraft;
– If you have deliberately interfered with a member of the crew of the aircraft carrying out
their duties;
– If you have put the safety of either the aircraft or any person in it in danger;
– If you have made a hoax bomb or other security threat;
– If you have committed a criminal offence during the check -in or boarding processes or on
board the aircraft;
– If you have not, or do not appear to have, valid travel documents;
– If you try to enter a country for which your travel documents are not valid; If the
immigration authority for the country you are travelling to, or for a country in which you
have a stopover, has told us (either orally or in writing) that it has decided not to allow you
to enter that country, even if you have, or appear to have, valid travel documents;
– If you destroy your travel documents during the flight;
– If you have refused to allow us to photocopy your travel documents;
– If you have refused to give your travel documents to a member of the crew of the aircraft,
when we have asked you to do so;
– If carrying you would break government laws, regulations or orders;
– If you have refused or failed to give us information which a government authority has asked
us to provide about you, including passenger information requested in advance of your
flight or valid health verification documentation required by the country that you are
travelling to;
– If you have not presented a valid ticket;
– If you have not paid the fare (or any applicable carrier imposed charges and surcharges, and
any applicable taxes, fees and charges) for your journey;
– If you have presented a ticket acquired illegally;
– If you have presented a ticket which you did not buy from us or our authorised agents;
– If you have presented a ticket which was not issued by us or our authorised agents;
– If you have presented a ticket which has been reported as being lost or stolen;
– If you have presented a counterfeit ticket;
– If you have presented a ticket with an alteration made neither by us nor our authorised
agents;
– If you have presented a spoiled, torn or damaged ticket or a ticket which has been tampered
with;
– If you cannot prove you are the person named in the ticket;
– If you have failed to present your ticket or your boarding pass or your travel documents to
us when reasonably asked to do so;
– If you have failed to complete the check – in process by the check -in deadline;
– If you have failed to arrive at the boarding gate on time;
– If you have refused or failed to undergo health screening or a health examination requested
by us or by a government or enforcement agency;
– If you have behaved in a way mentioned above on or in connection with a previous flight
and we believe you may repeat this behaviour.
If we incur any expenses or fines due to actions that you take, which are against the law or civil aviation
regulations, we will hold you liable for these costs (e.g. repairing or replacing property lost, stolen or
damaged by you, or compensating any passenger, crew member or ground staff affected by your
behaviour). Similarly, we and you agree that if we decide to divert, or delay, a flight as a result of your
conduct, for the purposes of offloading you, you will be liable for all costs we incur as a result of that
action.
If you take actions that contravene any safety rules or laws, or if you threaten any of our staff or
otherwise bring Safari Skies into disrepute, Safari Skies may and will place you onto a list of banned
flyers and you will not be able to make use of Safari Skies flights in the future
➢ PERSONS REQUIRING ASSISTANCE, WHEELCHAIRS AND MOTORISED MOBILITY AIDS
The nature of the Safari Skies operations requires our guests to be able to climb the aircraft stairs
unaided. This enables guests to board the aircraft for their flight.
➢ TRAVELING WHILE PREGNANT
There are risks associated with air travel for pregnant passengers. You agree that you are fully aware of
these risks and accept them.
Pregnant passengers may travel up to 32 (thirty-two) weeks pregnant with no medical certificate.
From the commencement of week 32 (thirty-two) up until and including the last day of week 35 (thirtyfive), a medical certificate from a qualified Medical Practitioner or Midwife must be presented with the
following information:
i. Due date of the passenger;
ii. The exact date on which the passenger will reach 36 (thirty-six) weeks pregnant;
iii. Confirming that the passenger is fit to fly within the permitting air travel dates if the
passenger is between 32 (thirty- two) and 35 (thirty-five) weeks pregnant.
We will not accept pregnant passengers from the start of their 36th (thirty-sixth) week of pregnancy.
➢ Firearms and Ammunition (only applicable to Domestic Flights)
We will, subject to these terms and conditions, accept the carriage of certain firearms and ammunition
for a fee that will be charged over and above the ticket price for your ticket. The firearms and
ammunition must be for sporting purposes only (rifles / shotguns) only; no handguns or military firearms
will be transported by us.
In order to transport and check in such firearms and ammunition, you must be:
a. 18 (eighteen) years of age or older.
b. the legal owners of the firearms and ammunition being transported.
c. in possession of valid and approved documentation, in your own name, including:
i. Licenses;
ii. Import documentation where applicable.
You must present Firearms and ammunition for transportation in approved and secured firearm and
ammunition cases (hard plastic or metal case) manufactured for the applicable firearms and
ammunition. These cases must be locked at each end. A single firearms case may contain no more than
three (3) firearms.
All appropriate legislation in terms of the Firearms Control Act of South Africa (Act 60 of 2000) must be
adhered to.
Service booking and payment must be completed through the Safari Skies Booking agent.
➢ LIMITATIONS OF LIABILITY
The Conventions are multilateral treaties that have been adopted by a diplomatic meeting of member
states of the International Civil Aviation Organisation (ICAO). ICAO is a specialised agency of the United
Nations. South Africa is a member state of ICAO. If we and other carriers are involved in performing
carriage for you under one ticket, or under a conjunction ticket, we will regard the carriage as a single
operation for the purposes of the Conventions. The conditions of carriage of each other carrier involved
in your journey govern its liability to you. Other carriers may have lower limits of liability. If we issue a
ticket for you to be carried on another carrier or check in baggage for carriage on another carrier, we
only do so as agent for that carrier. Save as otherwise provided by the Conventions, our liability, if any,
shall be limited to proven compensatory damages and we shall not be liable for any special, indirect,
consequential or any other form of noncompensatory damages. Our Terms & Conditions of Booking &
Carriage, including its exclusions and limitations of liabilities, applies to our agents, operators,
employees and representatives to the same extent as they apply to us. The total amount that you can
recover from us, our agents, operators, employees and representatives will not be more than the total
amount of our liability, if any. Our Terms & Conditions of Booking & Carriage does not waive any
defence or exclusion or limitation of our liability under the applicable Conventions or any other
applicable laws, unless otherwise stated. We reserve all rights of recourse against any other person,
including without limitation rights of contribution and indemnity.
1. Our liability for the death, wounding or other bodily injury of passengers:
a. For any damages up to and including the sum of the equivalent of 128,821 SDRs (approximately US$
180,500), we shall not exclude or limit our liability.
b. Notwithstanding the provisions of clause (a) above, if we prove that the damage was caused by, or
contributed to by, the negligence or other wrongful act or omission of the injured or deceased
passenger or of the person claiming compensation, we may be exonerated wholly or partly from our
liability in accordance with applicable laws.
c. To the extent that damages under this clause may potentially exceed 128,821 SDRs (approximately
US$ 180,500) they will be reduced accordingly if we prove that the damage was not due to the
negligence or other wrongful act or omission of us or our agents or that the damage was solely due to
the negligence or other wrongful act or omission of a third party.
d. We shall, without delay make such advance payments as may be required to meet immediate
economic needs on a basis proportionate to the hardship suffered.
e. An advance payment shall not constitute recognition of our liability.
f. An advance payment may be offset against any subsequent sums paid on the basis of our liability.
g. We are not responsible for any illness, injury or disability, including death, attributable to your
physical condition or for the aggravation of such condition.
2. Our liability for damage to luggage:
a. We are not liable for damage to unchecked luggage (other than damage caused by delay which is
covered by clause b below), unless the damage was caused by our negligence or the negligence of our
agents.
b. Our liability for damage to your luggage, including damage caused by delay, for International Travel, is
limited by the Conventions to 1,288 SDRs (approximately US$1,800) except where you prove that the
damage resulted from an act or omission by us or our agents carried out either:
i. with the intention of causing damage; or
ii. recklessly and with knowledge that damage would probably result, and you prove that our employees
or agents responsible for the act or omission were acting within the scope of their employment.
c. We are not liable for damage to luggage caused by delay if we prove that we and our agents took all
reasonable measures to avoid the damage or that it was impossible for us or our agents to take such
measures.
d. We are not liable for any damage caused by your luggage.
e. You are responsible for any damage caused by your luggage to other people and property, including
our property.
f. We are not liable in any way whatever for damage to or loss of items which you include in your
checked luggage although you are forbidden from including them under clause 39, or in the case of
permitted firearms (Domestic Travel only) you have not complied with the conditions as provided for by
the Conventions. These items include fragile or perishable items, items with a special value, such as
money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and
other valuable documents, business documents, or passports and other identification documents. In the
event of any claim for damage, delay or loss, we may avail ourself of all defences of contributory
negligence specified in the Conventions.
g. We are not liable in any way whatever for damage to items which you include in your unchecked
luggage although you are forbidden from including them under clause 39.
h. We shall not accept liability for damage such as scratches, stains, dents, cuts and dirt resulting from
normal wear and tear or water damage to non-waterproof luggage, damage or loss of protruding parts
such as wheels, straps, pull handles or other items that are attached to luggage or items lost as a result
of badly packaged luggage.
3. Our liability for damage caused by delay to passengers:
a. To the extent that we and/or our agents are liable for any damage caused by delay, our liability will be
limited in accordance with the limitations and exclusions as set out in the Montreal Convention (1999) if
such convention is applicable to a particular flight.
b. We are not liable for damage to passengers caused by delay if we prove that we and our agents took
all reasonable measures to avoid the damage or that that it was impossible for us or our agents to take
such measures.
4. General:
a. If we:
i. issue a ticket for you to be carried on another carrier; or
ii. check in luggage for carriage on another carrier;
we do so only as agent for that carrier. If you have a claim for checked luggage, you may make it
against the first or last carrier or against the carrier performing the carriage during which the damage
took place.
b. We are not liable for any damage arising from:
i. our compliance with applicable laws or government rules and regulations; or
ii. your failure to comply with applicable laws or government rules and regulations.
c. Nothing in these Terms & Conditions of Booking & Carriage:
i. prevents us from excluding or limiting our liability under the Conventions or any laws which apply; or
ii. waives any defence available to us under the Conventions or any laws which apply; against any public
social insurance body or any person liable to pay, or who has paid, compensation for the death,
wounding or other bodily injury of a passenger.
Where the Conventions are not applicable:
1. Any liability Safari Skies has for damage will be reduced by any negligence on your part which causes
or contributes to the damage in accordance with applicable law;
2. Safari Skies will not be liable for damage to passengers or any checked-in luggage or unchecked-in
luggage unless such damage is caused by our negligence and such passenger or such luggage was within
our control or custody;
3. Where we are found to be liable for damage to a passenger, or for damage to checked-in luggage or
unchecked luggage as per 4 above, such liability will always be subject to the limitations as set out in 6
below as well as the exclusions of liability as set out in the Terms & Conditions of Booking & Carriage
document;
4. Any liability we might have towards luggage (in respect of domestic destinations) will always be
limited to US$20 (twenty United States dollars) per kilogram and not the monetary value thereof. The
maximum value of the checked-in luggage (in respect of domestic destinations) as a whole shall be
limited to a maximum of US$400 (four hundred United States dollars) per passenger, provided that
if in accordance with applicable law different limits of liability are applicable such different limits shall
apply. If the weight of the luggage is not recorded on the luggage identification tag, it is presumed that
the total weight of the checked-in luggage does not exceed 15 (fifteen) kilograms;
5. We will not be liable for any damage arising from our compliance with applicable laws, government
rules, regulations and/or your failure to comply with such laws, rules and regulations. We shall have no
liability whatsoever for damage, loss or partial loss to articles or items not permitted to be contained in
your luggage or carried on your person;
6. Except where other specific provision is made in these Terms & Conditions of Booking & Carriage, we
shall be liable to you only for direct damages in accordance with applicable law;
7. We are not liable for any damage caused by your luggage. You shall be responsible for any damage
caused by your luggage to other persons or property, including our property;
8. We are not responsible for any illness, disability or death, attributable to your physical condition or
for the aggravation of such condition;
9. All arrangements and services provided by us in respect of assistance provided to passengers, with
reduced mobility and payment(s) made by us to the handling agent for such services, are as agent for
and on behalf of you;
10. We, our agents and employees shall not be liable for any death, personal injury (unless such death or
injury was solely and directly caused by our negligence, or the negligence of our employees or agents
acting within the course and scope of their employment), loss or damage however caused;
11. You voluntarily assume all risk and danger in connection with the assistance provided to passengers
with reduced mobility including any death, personal injury, loss, damage or liability. Any complaints
regarding the service shall be directed to and dealt with by the handling agent for such services;
12. The contract of carriage including these Terms & Conditions of Booking & Carriage, and exclusions or
limits of liability, applies to our authorised agents, employees and representatives to the same extent as
they apply to us. The total amount recoverable from us and from such authorised agents, employees
and representatives shall not exceed the amount of our own liability, if any;
13. Nothing in these Terms & Conditions of Booking & Carriage shall waive any exclusion or limitation of
our liability under the Conventions or applicable local laws unless otherwise expressly stated by us.
Subject to any applicable law we will not in any circumstances be liable for indirect or consequential
damages and in no event will our obligations exceed any liability specified in these Terms & Conditions
of Booking & Carriage. Time Limitation on Claims and Actions
14. Notice of claims –
Domestic and International Flights:
acceptance of luggage by the bearer of the luggage identification tag without complaint at the time of
delivery is sufficient evidence that the luggage has been delivered in good condition and in accordance
with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action
regarding damage to checked baggage, you must notify us as soon as you discover the damage, and at
the latest within seven (7) days of receipt of the baggage. If you wish to file a claim or an action
regarding delay if the checked baggage, you must notify us within twenty-one (21) days from the date
the baggage has been placed at your disposal. Every such notification must be made in writing.
15. Limitation of actions
Domestic and International flights:
any right to damages shall be extinguished if an action is not brought against us within 2 (two) years of
the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the
date on which the carriage stopped.
➢ Safari Skies Payment portal / Payfast Terms and conditions
1. INTERPRETATION
1.1. Headings and instructive notes are inserted for convenience only and will not be used in the
interpretation, or affect the construction of this agreement.
1.2. Words and expressions will bear the meanings assigned to them.
1.3. Where Safari Skies comprises more than one person, the liability of such persons will be joint and
several.
1.4. The Parties will not be entitled to rely, in any dispute regarding this agreement, on any terms,
conditions or representations not expressly contained in this agreement.
1.5. The validity and interpretation of this agreement will be governed by the laws of the Republic of
South Africa.
1.6. Reference to months or years shall be construed as calendar months (i.e. one or more of the twelve
periods into which a conventional year is divided) or conventional years (i.e. 1 January to 31 December).
Reference to “days” shall be construed as calendar days unless qualified by the word “business”, in
which instance a “business day” shall be any day other than a Saturday, Sunday or public holiday as
gazetted by the government of the Republic of South Africa from time to time. Any reference to
“business hours” shall be construed as being the hours between 08h00 (eight hours) and 17h00
(seventeen hours) on any business days. Any reference to time shall be based upon South African
standard time being Greenwich Mean Time plus 2 (two) hours.
1.7. Unless specifically otherwise provided, any number of days prescribed shall be determined by
excluding the first and including the last day or, where the last day falls on a Saturday, Sunday or public
holiday, the next succeeding business day.
1.8. No provision herein shall be construed against or interpreted to the disadvantage of a Party by
reason of such Party having or being deemed to have structured, drafted or introduced such provision.
1.9. The words “include” and “including” mean “include without limitation” and “including without
limitation”. The use of the words “include” and “including” followed by a specific example or examples
shall not be construed as limiting the meaning of the general wording preceding it: the application of the
eiusdem generis rule is excluded.
1.10. In this Agreement the word “Agreement” refers to this Agreement and the word “clause” or
“clauses” refers to clauses of this Agreement. This Agreement incorporates the annexures attached
hereto and the word “annex” or “annexures” refers to the annexures attached to this Agreement.
1.11. Words and expressions defined in any clause shall, for the purpose of that clause, bear the
meaning assigned to such words and expressions in such clause.
2. DEFINITIONS
2.1. Card – any payment card issued by an Issuer to a Cardholder;
2.2. Cardholder – any Person to whom an Issuer has issued a Card;
2.3. Chargeback – means a dispute of a purchase that has already been charged to an account that
results in a return of funds by the Bank to the Customer’s account and has the associated fees payable
by the merchant as detailed in Annexure A of this Agreement.
2.4. “Commission” means the agreed fee that is charged by Payfast to Safari Skies for the facilitation of
the payment using The Service.
2.5. “Customer” means any customer using The Service to pay for products;
2.6. “Fraudulent Transactions” mean any transaction which, in terms of the common law or any
applicable statute, may constitute fraud, where either the Bank or The Merchant or a Customer is
defrauded.
2.7. Party – Safari Skies and/or Payfast as the context indicates;
2.8. Parties – Safari Skies and Payfast;
2.9. “Payment Notification” means notification of either a successful or unsuccessful payment of a
requested order;
2.10. “Products” mean any goods or services offered to the Customer on any website or service
operated by Safari Skies;
2.11. “Receipts” mean individually and collectively POS Transactions slips and/or Card-Not-Present
Receipts;
2.12. “Rules” mean all applicable industry rules and includes Payment Scheme Rules as well as any rules
of PCI SSC if applicable (including PCI DSS), the Payment System Management Body or the Issuer, as may
be amended from time to time;
2.13. “Sanctions” mean trade, economic or financial sanctions, laws, regulations, embargoes or
restrictive measures administered, enacted or enforced by any Sanctioning Body;
2.14. “Sanctioning Body” means any one or a combination of the following entities: 2.14.1. the Office of
Foreign Assets Control of the Department of Treasury of the United States of America;
2.14.2. the United Nations Security Council;
2.14.3. the European Union or any participating member state of the European Union;
2.14.4. Her Majesty’s Treasury of the United Kingdom; and
2.14.5. any other sanctions authority body of a foreign country in whose currency payment may be
facilitated;
2.15. “Sanctioned Country” means a country which is subject to general sanctions or embargo by a
Sanctioning Body;
2.16. “Sanctions List” means the lists or specially designated national or designated Persons or Entities
(or equivalent) held by a Sanctioning Body or authority, and/or any other sanctions lists that Payfast may
from time to time deem necessary or be required to screen, verify and process transactions against;
2.17. “Sanctioned Transaction” means the use by the Merchant of amounts in an account for the
purpose of financing directly or indirectly the activities of any person or entity which is on a Sanctions
List or which is in a Sanctioned Country, and/or the contribution or making available of amounts paid
from an account to any person or entity, if Safari Skies has actual knowledge that such Person or Entity
intends to use such funds for the purpose of financing the activities of any person or entity which is in a
Sanctioned Country and/or is on a Sanction List, in each case to the extent that such financing or
provision of funds would be prohibited by Sanctions;
2.18. “The Service” means the “Payfast Plus Service” which is a fully managed payment collection and
facilitation service offered by Payfast to Safari Skies of which Payfast is the author and proprietor;
2.19. “The System” means the Payfast payment gateway payment processing facility;
2.20. “Transaction” means any transaction concluded by a Customer;
2.21. “Transaction documents” mean all documentation (physical, electronic or otherwise) pertaining to
a Transaction, including batch reports, Authorisation slips, Receipts or proof of delivery;
2.22. “Undesirable Products” mean any Products offered for sale by Safari Skies which Payfast, in its sole
discretion, considers undesirable for any reason, including ethical or moral reasons or factors which may
have an adverse effect on the reputation of Payfast.
3. SCOPE
3.1. This Agreement is legally binding on the Parties.
3.2. Payfast has introduced the Service to assist merchants to get paid easily and economically by
customers using credit cards, debit cards and other modes of payment which Payfast may introduce to
the Service from time to time. Safari Skies is desirous signing up with Payfast and acquiring the use of
the Service subject to the terms and conditions set out hereunder.
3.3. After sign-up and conclusion of this Agreement Payfast is responsible for arranging a Merchant
account with the bank in the Merchant’s name, that is, Safari Skies Pty Ltd.
3.4. The Service operates as follows:
3.4.1. Payfast facilitates the transaction and all monies are paid into Payfast’s account;
3.4.2. Payfast performs fraud and risk screening on all transactions processed on behalf of Safari Skies.
This is part of the Service but Payfast does not guarantee that the fraud and risk screening will be one
hundred percent successful in blocking all fraud;
3.4.3. Payfast then performs daily settlement reconciliation which involves cross referencing all
successful transactions from the previous day with monies paid into Payfast’s account on behalf of Safari
Skies at no additional cost to Safari Skies. Where daily settlement reconciliation shows a discrepancy,
Payfast will address the discrepancy with the Bank on behalf of Safari Skies;
3.4.4. in the case of chargebacks occurring, Payfast will follow up with the bank enquiring and
attempting to resolve the recurrence of chargebacks on behalf of Safari Skies; for the fee detailed in
Annexure A of this Agreement.
3.4.5. Payfast then pays the monies owed to the Merchant, less any service fees as laid out in clause 4
read with Annexure A of this Agreement, to Safari Skies’s selected account in arrears at the intervals
agreed to in Annexure A.
Payfast performs fraud and risk screening on all transactions processed on behalf of Safari Skies. This is
part of the Service but Payfast does not guarantee that the fraud and risk screening will be one hundred
percent successful in blocking all fraud;
3.5. In addition to the above, the Service also grants Safari Skies access at no additional cost, to all of
Payfast’s value added services which include but which are not limited to, 24×7 transaction monitoring,
24×7 infrastructure monitoring and management, infrastructure automated failover and redundancy,
transaction acceptance rate monitoring and measurement, 24×7 access to a Merchant back office
portal, secure card vaulting services.
3.6. Notwithstanding the above, the following reasonable limitations apply to the scope of the Service:
3.6.1. if Safari Skies has any outstanding Due Diligence requirements, Payfast will withhold pay outs;
3.6.2. it is Safari Skies’s responsibility to check that payment has been received correctly and to advise
Payfast, within 21 days of notification by Payfast that a payment has been made, if there is any issue
with the payment. Payfast will assist Safari Skies wherever possible but will not be liable for any error in
payment, after this time;
3.6.3. Payfast merely facilitates the transaction using the System and all disputes between Safari Skies
and the Customer relating to the Products including but not limited to, returns, warranties, price,
payment or delivery remains a dispute between the Merchant and the Customer alone and Payfast shall
not be a Party thereto;
3.6.4. Payfast performs fraud and risk screening on all transactions processed, as well as following up
with the Bank in the case of Chargebacks, for and on behalf of Safari Skies. This is part of the Service and
whilst Payfast uses its best endeavours to block all fraud and/or prevent the occurrence and recurrence
of Chargebacks, it in no way guarantees that the fraud and risk screening it undertakes will be one
hundred percent successful and/or that Chargebacks will not occur. The risk of fraud and/or of
Chargebacks thus remains Safari Skies’s risk. Payfast will deduct the value of the Chargeback in South
African Rands by the bank from monies owing to Safari Skies where Payfast is unable to recover these
amounts from the Bank on behalf of Safari Skies. If Safari Skies is not owed any money by Payfast, then
Safari Skies will make a payment to Payfast within 30 days to cover the cost of the fraudulent
transactions. For the avoidance of doubt, Payfast will claim the full value of the Chargeback back from
Safari Skies. In the event that currency conversion applied to the transaction then any foreign exchange
gain or loss is to the merchants account.
3.7. Payfast will maintain Payment Card Industry Data Security Standard (“PCI DSS”) compliance and as
such Payfast is responsible for securely storing, processing and transmitting card data to the PCI
compliance standard. If/when Safari Skies makes use of any Payfast product which results in Safari Skies
storing, processing or transmitting card data, then Safari Skies shall be responsible for securing this data
in accordance with the PCI compliance standard.
4. SERVICE FEE AND PAYMENT
4.1. For the duration of this Agreement, unless otherwise agreed in writing between parties, Payfast
shall charge Safari Skies –
4.1.1. a Commission fee for the facilitation of payment through the Service as set out in Annexure A;
4.1.2. a monthly fee payable, in addition to the Commission fee, as set out in Annexure A.
4.1.3. all other fee’s detailed in Annexure A.
4.2. Safari Skies hereby acknowledges and agrees that any fee’s referred to in Clause 4.1, and, where
applicable, any other outstanding amounts owed to Payfast in terms of this Agreement, will be deducted
from the monies owed to Safari Skies, held in Payfast’s account.
4.3. Where the monies owed to Safari Skies held in Payfast’s account are insufficient to cover the fee’s
and/or amounts owed to Payfast in terms of this Agreement, Safari Skies hereby authorises Payfast to
obtain outstanding fee’s and/or amounts owed to it by initiating a debit order of Safari Skies’s account
as detailed in the Debit Order Authorisation Form hereto attached as Annexure B. Such debit order will
be initiated on the first business day of the month for fee’s and/or amounts due in arrears.
4.4. If for whatever reason howsoever arising, a debit order cannot be effected by Payfast, Safari Skies
warrants that it will pay the outstanding fee’s and/or amounts due in terms of this Agreement within 10
(TEN) business days of notification thereof.
4.5. Where Safari Skies, at its own request, chooses to suspend the Service and requests for its
reconnection at a later stage, and/or where Payfast at its own discretion chooses to suspend the Service
due to non-fulfilment by the Merchant of clause 4.4 of this Agreement then a re-connection fee of
R250.00 (subject to change from time to time at the sole discretion of Payfast but with a minimum of 30
(THIRTY) days written notice of the change to Safari Skies) may be imposed for Services that are
suspended in terms of this Agreement.
4.6. Transaction history will be made available to Safari Skies via Payfast’s back office web site detailing
all the successful (and unsuccessful) transactions processed by the Service at no additional cost to Safari
Skies
4.7. In requesting the payment, Safari Skies warrants that – 4.7.1. the information thereon is correct;
4.7.2. there has been due and proper performance by Safari Skies of its obligations in terms of the
supply of Products to the Customer;
4.7.3. the value thereon is in respect of the undertaking to supply Products and that no additional
charges are included;
4.7.4. Payfast is indemnified by Safari Skies in respect of all losses, costs, penalties, payments or any
other liability whatsoever arising from any dispute, claim or defence raised against Payfast where such
dispute, claim or defence is a direct or indirect result of any act or omission on the part of Safari Skies;
4.7.5. Payfast will be afforded all reasonably necessary assistance from the Merchant in handling a claim
by a Customer against Payfast;
4.7.6. there has been due compliance with all the terms of this Agreement.
5. PAYMENT NOTIFICATION
5.1. Customer authorisation will be requested by Safari Skies by transmitting to Payfast the relevant
order details in the form specified by Payfast from time to time or by capturing the relevant information
on Payfast’s secure Back Office payment page.
5.2. After authorisation by the Customer 5.2.1. if successful, Payfast will send a successful Payment
Notification to Safari Skies, OR
5.2.2. if unsuccessful, Payfast will send an unsuccessful Payment Notification to Safari Skies.
6. PROPERTY OF PAYFAST & INTELLECTUAL PROPERTY
6.1. “Intellectual Property” for purposes of this Agreement means all intellectual property, whether or
not registerable, including but not limited to copyright, patents, proprietary material, trademarks, logos,
design, software programs, systems, know-how, trade secrets, new proprietary and secret concepts,
methods, techniques, processes, adaptations, ideas, technical specifications and testing methods.
6.2. The System and remains the property of Payfast and the Merchant shall not reproduce the System
in any manner or form nor make an adaptation of the System, nor let, nor offer, nor expose for hire by
way of trade, directly or indirectly, a copy of such System.
6.3. The Service remains the property of Payfast and Safari Skies shall not copy the Service, its name or
any intellectual property associated or connected with the Service in any manner or form.
6.4. Unless specifically authorised in this Agreement or in writing by Payfast, and then only to the extent
so authorised, Safari Skies shall have a limited right of use of Payfast’s Intellectual Property in the use of
the System. This limited right shall specifically include the use of Payfast’s logo on any website used by
Safari Skies to accept transactions destined for processing by Payfast.
6.5. Safari Skies acknowledges that Payfast will retain ownership of all right, title and interest, including
but not limited to all Intellectual Property rights in and to the System and all software programs
developed by Payfast and used in the delivery of the Service.
6.6. All Intellectual Property owned by Payfast and all modifications thereto (even where such
modifications are made specifically for and/or at the request of Safari Skies) shall at all times remain the
sole property of Payfast and Safari Skies shall not acquire any rights, title or interest of any kind in any of
Payfast’s Intellectual Property, other than permitted in terms of this Agreement.
6.7. Payfast grants Safari Skies a non-exclusive, non-transferable limited right of use of Payfast’s logo in
terms of this Agreement and only for the duration of this Agreement. Upon termination this right will
expire.
7. WARRANTIES
7.1. In addition to any other warranties that may be present in this Agreement, Safari Skies warrants and
represents that, as at the signature date of this Agreement –
7.1.1. it has never had a merchant agreement terminated at the direction of any Payment Scheme,
regulatory authority or court of law;
7.1.2. it complies and will continue to comply with Sanctions and will not enter into any Sanctioned
Transactions, nor with any Person on a Sanctions List;
7.1.3. only where applicable, that it complies and will continue to comply with all the Rules (including
PCI DSS) and applicable laws;
7.1.4. all information supplied by Safari Skies to Payfast is true, accurate and complete in all respects;
and
7.1.5. it will not do anything, or engage in any activity, which is likely to adversely affect or damage
Payfast and/or the Bank’s good name and/or reputation.
7.2. Safari Skies must7.2.1. only request Customer authorisation at the time of and for a particular transaction;
7.2.2. after receipt of a successful Payment Notification, record and release the Products to the
customer;
7.2.3. ensure that the Merchant obtains a successful Payment Notification for all transactions before
releasing any Products to the Customer; and
7.2.4. verify the status of a payment before releasing the Products where the original Payment
Notification message was not received.
7.3. The presentation of a Transaction to Payfast in terms of this Agreement will be a warranty by Safari
Skies that 7.3.1. Safari Skies has supplied the goods and/or services to the value stated on the Receipt to
the Cardholder;
7.3.2. no fictitious and/or fraudulent Transactions were processed by Safari Skies to increase Safari
Skies’s cash flow;
7.3.3. the Transaction is not illegal;
7.3.4. the Transaction has been authorised by the Cardholder;
7.3.5. there has been due compliance with all the terms of this Agreement; and
7.3.6. it indemnifies Payfast against any claim or liability that may arise from a Transaction dispute
arising between Safari Skies and any party who is not Payfast (including but in no way limited to the
Bank, the Cardholder, and/or the Customer) where such a dispute causes quantifiable damages.
7.4. Payfast shall not be liable to the Merchant nor to any third party for any loss or damage of
whatsoever nature, howsoever arising (including consequential or incidental loss or damage which shall
include but not be limited to, damage to property or loss of profit, business, goodwill, revenue, or
anticipated savings) unless such loss or damage arises from wilful misconduct or gross negligence on the
part of Payfast. The total aggregate liability of Payfast is hereby limited to the total sum of the value of
the preceding 12 (TWELVE) months invoices issued by Payfast to Safari Skies for services rendered.
8. FRAUDULENT TRANSACTIONS
8.1. Safari Skies undertakes to support Payfast with investigations relating to fraud. Safari Skies should
provide Payfast with the identity of the customers that purchased, the nature of Products purchased,
the delivery address or electronic destination of Products purchased, and any other information
reasonably required in the circumstances.
8.2. Payfast may at its discretion withhold monies owed to Safari Skies at any time if/when Payfast
suspects foul play or possible fraudulent activity on the account and Payfast can withhold these funds
for a maximum of 180 (one hundred and eighty) days. In the event of Safari Skies engaging in fraud of
any kind, Payfast reserves the right to terminate the agreement immediately.
9. UNDESIRABLE PRODUCTS
9.1. Where The Merchant offers for sale any Undesirable Products, as detailed and updated from time
to time at https://www.paygate.co.za/restricted-list, Payfast will be entitled to terminate this
Agreement on 2 (two) days notice to Safari Skies.
10. LIMITATION OF LIABILITY
10.1. As recorded in this Agreement, Payfast acts as an intermediary between Safari Skies and the Bank,
acquires information supplied from Safari Skies and the Bank and the System processes transactions in
good faith.
10.2. Payfast does not guarantee the correctness of information acquired or supplied and can in no way
be held liable by Safari Skies for any damages suffered by Safari Skies acting upon such information.
10.3. Any dispute between the Bank and Safari Skies howsoever arising, which includes, but is not
limited to, a dispute regarding:
10.3.1. the value of reversals of invalid sales (“chargebacks”);
10.3.2. any discount;
10.3.3. any refund due to a cardholder;
10.3.4. any overpayment;
10.3.5. the value of any transaction; and/or
10.3.6. the debiting of any Merchant’s account; -is deemed to be a dispute between the Bank and Safari
Skies and Payfast is not a party thereto.
10.4. Payfast will in no way be held liable by Safari Skies for any damages suffered by such Merchant
pursuant to such dispute except where the damages are a direct result of gross negligence or wilful
misconduct on the part of Payfast.
10.5. Notwithstanding the above, the Merchant will be liable to Payfast for any act or omission of Safari
Skies, or its employees, agents or representatives that causes loss or damage to Payfast where such act
or omission causes quantifiable damages.
10.6. The above notwithstanding, regarding transactions processed using the SiD product (this clause
only applying to SiD transactions) Payfast guarantees protection up to a maximum amount of R5 000.00
per transaction in respect of funds not received in Safari Skies’s bank account when payment is made by
means of SiD when such funds are not received by Safari Skies due directly to a technical fault in the SiD
Payment system. This guarantee applies only in so far as the customer service team, once notified by
Safari Skies, is not able to resolve the problem. This guarantee does not, under any circumstances, apply
to problems that are not caused directly by a technical fault in the SiD system. This exclusion expressly
includes within its exclusionary scope, though is in no way limited to, instances in which the Bank makes
a reversal of the funds for any reason whatsoever as this action falls outside the control of SiD and
amounts to a dispute directly between Bank and Safari Skies. The foregoing is subject to the provision
that in no event will Payfast’s aggregate liability in respect of any claims relating to this clause 11.6
exceed the transaction fees paid or payable by the Safari Skies to Payfast for the 12 (TWELVE) month
period immediately preceding the date on which the claim arose.
10.7. Any dispute, unless resolved amongst the Party’s, will be resolved in accordance with the
provisions of clause 12 of this Agreement.
11. DISPUTE RESOLUTION PROCESS
11.1. Informal dispute resolution: Prior to the initiation of formal dispute resolution procedures as
outlined in this Agreement, the Parties shall first attempt to resolve their dispute informally as follows:
11.1.1. upon the written request of a Party, any dispute that arises between the Parties shall be referred
to a joint committee appointed by Payfast and Safari Skies;
11.1.2. the joint committee shall meet as often as the Parties reasonably deem necessary in order to
gather and furnish to the other all information with respect to the matter in issue which the Parties
believe to be appropriate and germane in connection with its resolution;
11.1.3. the joint committee shall discuss the problem and attempt to resolve the dispute without the
necessity of any formal proceeding. During the course of discussion, all reasonable requests made by
one Party to another for non-privileged information, reasonably related to this Agreement, shall be
honoured in order that each of the Parties may be fully advised of the other’s position;
11.1.4. the specific format for the discussions shall be left to the discretion of the joint committee.
11.2. Should the Parties not resolve the dispute in terms of clause 12.1. within a period of 14 (fourteen)
days, the dispute shall be referred by the joint committee to the Chief Executive Officer (CEO) of Payfast
and a suitable Executive Manager from Safari Skies, who shall follow a dispute resolution process similar
to the process described in clause
11.3. Formal proceedings for the resolution of a dispute may not be commenced until the earlier of the
Parties referred to in clause 12.2. concluding in good faith that amicable resolution through continued
negotiation of the matter does not appear likely, or 14 (fourteen) days after the matter has been
referred to them pursuant to clause 12.2. This period shall be deemed to run notwithstanding any claim
that the process described in this clause was not followed or completed.
11.4. Formal Dispute Resolution: Save in respect of those provisions of this Agreement which provide for
their own remedies which would be incompatible with arbitration, a dispute that arises in regard to–
11.4.1. the interpretation of; or
11.4.2. the carrying into effect of; or
11.4.3. any of the Parties’ rights and obligations arising from; or
11.4.4. the termination or purported termination of or arising from the termination of; or
11.4.5. the rectification or proposed rectification of this Agreement, or out of or pursuant to this
Agreement or on any other matter which in terms of this Agreement requires agreement by the Parties,
(other than where an interdict is sought or urgent relief may be obtained from a court of competent
jurisdiction), -shall be submitted to and decided by arbitration.
11.5. That arbitration shall be held –
11.5.1. with only the Parties and their representatives including legal representatives, present thereat;
11.5.2. in Cape Town or Johannesburg, South Africa at the election of the Parties at the time of the
dispute.
11.6. The arbitration shall be subject to the arbitration legislation for the time being in force in South
Africa.
11.7. The arbitrator shall be, if the matter in dispute is principally –
11.7.1. a legal matter, then an impartial practising advocate of not less than 15 (fifteen) years’ standing,
or an impartial practising attorney of not less than 15 (fifteen) years’ standing;
11.7.2. an accounting matter, then an impartial practising chartered accountant of not less than 15
(fifteen) years’ standing;
11.7.3. any other matter, then an independent person agreed upon between the Parties.
11.8. If the Parties fail to agree on an arbitrator within 14 (fourteen) days after the arbitration has been
demanded, the arbitrator shall be nominated, at the request of either Party by the President for the
time being of the Legal Practice Council, Western Cape (or its successor). If that person fails or refuses to
make the nomination, either Party may approach the High Court of South Africa to make such an
appointment. To the extent necessary, the High Court is expressly empowered to do so.
11.9. If the Parties fail to agree whether the dispute is a legal, accounting or other nature within 10 (ten)
days after the arbitration has been demanded, it shall be considered a matter referred to in clause
11.10. The Parties shall keep the evidence in the arbitration proceedings and any order made by any
arbitrator confidential unless otherwise contemplated herein.
11.11. The arbitrator shall be obliged to give his award in writing fully supported by reasons.
11.12. The provisions of this clause are severable from the rest of this Agreement and shall remain in
effect even if this Agreement is terminated for any reason.
11.13. The arbitrator shall have the power to give default judgment if any Party fails to make
submissions on due date and/or fails to appear at the arbitration.
12. BREACH
12.1. In the event of either Party (“the Breaching Party”) committing a breach of a material term of this
Agreement, and who fails to rectify such breach within 14 (fourteen) days of receiving written notice of
the breach from the other Party (“the Affected Party”), then the Affected Party will, at its option, be
entitled – without prejudice to any of its rights – to either
12.1.1. cancel this Agreement without further notice and to take such further steps, including
suspension of access to the System, which may be appropriate in the circumstances; or
12.1.2. claim specific performance;
12.1.3. and in either case the Affected Party may claim damages reasonable in the circumstances.
12.2. In addition to any and all other legal remedies which are available to the Parties, either Party may
immediately cancel this Agreement if the other Party is liquidated, placed under business rescue or is
sequestrated; effects a general compromise or any other arrangement with its creditors; suffers any
judgment to be granted against it and fails to meet the judgment or to take steps to set it aside or
rescind it within 30 (THIRTY) days of it having been granted; and/or ceases to carry on business.
12.3. Notwithstanding the provisions of this Agreement, should Payfast suspect that Safari Skies is using
its Services while being involved directly or indirectly in any unlawful activities, Payfast reserves the right
to suspend its Services immediately and/or terminate the Agreement, pending the outcome of an
investigation at the sole discretion of Payfast.
13. DURATION AND TERMINATION
13.1. This Agreement –
13.1.1. supersedes all prior agreements entered into between Payfast and Safari Skies; and
13.1.2. will be effective from date of signature of the Agreement and shall remain in force for an
indefinite period until terminated by either Party on a minimum of 30 (THIRTY) days’ written notice to
the other, where after Safari Skies’s access to the System shall be terminated by Payfast upon expiry of
the notice period and all monies owing to Payfast or the Merchant shall be paid by Safari Skies or
Payfast (as the case may be) within 30 (THIRTY) days of the date of termination.
13.2. Termination of this Agreement will be subject to and not affect the obligations of the respective
parties incurred or arising prior to such termination becoming effective.
14. TERMS AND CONDITIONS
14.1. The parties record that the Terms and Conditions as contained in the Payfast website form part of
and are incorporated in this Agreement. The Terms and Conditions referred to are subject to change
from time to time. In the event of Payfast contemplating any change to the Terms and Conditions, then
Payfast undertakes to give the Merchant 7 (SEVEN) days written notice of such change. Where the
Terms and Conditions conflict with this Agreement, the terms of this Agreement prevail.
14.2. Payfast and/or the Bank are entitled to request, all the Transaction documents which show that a
Customer has authorised a specific Transaction, and Safari Skies will furnish such documents to Payfast
and/or the Bank within 7 (SEVEN) days of the request.
14.3. Safari Skies is prohibited from allowing any other party access to the Services and/or the System
through Safari Skies’s Terminal-ID with Payfast.
14.4. Safari Skies shall be responsible and liable for each Terminal-ID and each one will be governed by
this Agreement.
14.5. Safari Skies may not at any time use the Service in contravention of any law, nor in contravention
of any obligation imposed by the Merchant as between Safari Skies and any Bank.
14.6. Safari Skies acknowledges that Payfast does not assume any responsibilities Safari Skies may have
under any agreement concluded between Safari Skies and any Bank.
14.7. Safari Skies hereby agrees to display the Payfast logo, including a link to the Payfast website, on
any website used by the Merchant to accept transactions destined for processing by Payfast.
15. GENERAL
15.1. No extension of time, waiver, indulgence, release from liability, compromise or other arrangement
granted or allowed by either Party shall constitute a waiver or novation of that Party’s rights nor shall it
in any way prejudice such Party’s rights in terms hereof.
15.2. Should any provisions of this Agreement be held to be invalid, unlawful or unenforceable, such
provisions will be severable from the remaining provisions of this Agreement which will continue to be
valid and enforceable. If any provision of this Agreement held to be invalid is capable of amendment to
render it valid, the Parties agree to negotiate an amendment to remove the invalidity.
15.3. For the purpose of this Agreement, including the giving of notices and the serving of legal process,
the Merchant chooses its domicilium citandi et executandi to be the physical address set out on the
Application Form hereto and Payfast chooses Great Westerford, 240 Main Road, Rondebosch, Cape
Town, 7700.
15.4. A notice in terms of this Agreement shall be presumed to have been duly given, if delivered, on the
date of delivery, if sent by post, 5 (five) business days after posting, if sent by facsimile or e-mail, on the
day that the facsimile or e-mail is transmitted.
15.5. Safari Skies may not cede any rights or delegate any obligations in terms of this Agreement without
Payfast’s prior written consent.
15.6. Payfast or any person to whom its rights or obligations have been ceded, delegated or assigned,
may cede, delegate or assign any of its rights or obligations to any person or to more than one person
within the Network International Group. Should this happen, the Merchant will be notified thereof in
writing.
16. CONFIDENTIAL INFORMATION
16.1. For the purpose of this Clause: “Confidential Information” means information of whatever nature
which is disclosed, directly or indirectly, and in whatever form (including without limitation, written,
visual, oral, electronic or on tape or disk) by and relating to one Party, its staff or customers (the
“Disclosing Party”), to the other Party (the “Receiving Party”) and which shall not be disclosed by the
Receiving Party to its agents, representatives, sub-contractors and/or staff, or to any third party other
than for the purpose of providing the services, without the prior written consent of the Disclosing Party.
16.2. The Receiving Party acknowledges that in performing in terms of this Agreement, the Receiving
Party may be exposed to Confidential Information relating to the Disclosing Party as well as the personal
information of the Disclosing Party’s employees, customers and clients. The Parties specifically record
that all personal information provided by the Disclosing Party to the Receiving Party, or to which the
Receiving Party may be exposed, shall constitute Confidential Information and where applicable,
intellectual property belonging to the Disclosing Party. Each Party will take all reasonable steps to
ensure their employees or contractors abide by this clause.
16.3. The Receiving Party agrees to protect the interests of the Disclosing Party, and will:
16.3.1. only use it to comply with its responsibilities under this Agreement;
16.3.2. only give the information to any of its employees or agents that need it, and only give as much of
it as they need;
16.3.3. use reasonable security procedures to make sure employees or agents keep the information
confidential;
16.3.4. get promises of confidentiality from those employees or agents who need access to the
information;
16.3.5. not reveal the information to anyone else; and 16.3.6. not use it for any purpose other than this
Agreement.
16.4. At the end of this Agreement, or on written request, the Parties will give back to the other all
originals and copies of confidential information of the other that they have. If the other agrees, they
may destroy the confidential information they have.
16.5. These responsibilities will not apply to any information that:
16.5.1. the other Party agrees that they may destroy or retain it instead; or
16.5.2. it is lawfully in the public domain (available to the general public) when a Party received it;
16.5.3. lawfully becomes part of the public domain afterwards;
16.5.4. is given to the Receiving Party afterwards by a different person who is allowed to reveal the
confidential information; or
16.5.5. is given to comply with a court order or other legal duty.
16.6. This clause about confidential information is separate from the rest of this Agreement and remains
valid in perpetuity.
17. DATA PROTECTION
17.1. Each party is responsible for complying with their obligations under applicable data protection law.
The Parties both
acknowledge that they are not investigating the steps the other is taking to comply with any applicable
privacy and data
protection laws.
17.2. The Merchant is the responsible party for determining the purpose and means of the processing of
their personal
information, including that processing will not place Payfast in breach of any laws.
17.3. Payfast will not transfer the personal information of The Merchant across any country border
without the consent of Safari Skies.
17.4. Safari Skies agrees to indemnify, defend, and hold Payfast harmless (and those related to Payfast
and their personnel, co-branders or other partners) from and against any claim, demand, loss, damage,
cost, or liability (including legal costs) arising out of or relating to the Merchant failing to comply with
their obligations under this clause. If permissible under applicable law, legal costs will on an attorney
and own client basis.
17.5. On a Party’s reasonable written request, the other Party will provide the requesting Party with the
information that it has regarding Safari Skies’s personal information and its processing that is necessary
to enable the requesting Party to comply with its obligations under this clause and applicable laws. The
requesting Party will reimburse the other Party for its reasonable charges for its assistance.
17.6. Both of the Parties will take reasonable precautions (having regard to the nature of each of their
obligations under the agreement), to preserve the integrity of their personal information and prevent
any unauthorised access, corruption or loss of their personal information. Both Parties will implement
appropriate technical and organisational security measures to make sure that the level of security is
appropriate to the risks to the personal information in terms of applicable data protection laws, taking
into account the:
17.6.1. state of the art (being the most recent level of development of technology of security measures
at that particular time);
17.6.2. implementation costs;
17.6.3. processing nature, scope, context and purposes; and
17.6.4. varying risks to people’s rights and freedoms in terms of likelihood and severity.
17.7. Safari Skies agrees that Payfast’s records are provisional (prima facie) evidence of the services
provided by Payfast to Safari Skies.
17.8. On termination of the Agreement each Party will return to the other Party in the form in which it
was received all of the other Party’s personal information provided to the Party for the purpose of
performing the relevant order.
17.9. Payfast has the right to access Safari Skies’s personal information held by Safari Skies.
Safari Skies shall grant Payfast such access during office hours within a reasonable time after receiving a
written request for access.
17.10. Each Party indemnifies the other and holds them harmless against all claims, actions, third party
claims, losses, damages and expenses that the other party incurs arising out of a breach of this
Agreement or applicable data protection laws by the indemnifying Party, provided that:
17.10.1. each Party provides the other with a notice of the claim promptly after receiving it;
17.10.2. the indemnified Party gives the indemnifying Party the right to control the defence;
17.10.3. the indemnified Party will provide the indemnifying Party with reasonable assistance as
necessary; and
17.10.4. the indemnified Party will avoid admission of liability.
17.11. Notwithstanding, and in addition to any obligations and/or warranties contained in this
Clause 16.12. where the Merchant operates within the European Union or where Safari Skies operates
outside the European Union but offers goods or services, or monitors the behaviour of European Union
Data Subjects, then the Merchant must comply with the European General Data Protection Regulation
(GDPR).
17.12. Payfast, in its role as responsible party and operator, is PCI DSS, POPIA and GDPR compliant.
Further information can be obtained from our website, and any queries relating to Payfast’s POPIA
policies can be directed to privacy@network.global
17.13. Only where the Merchant is seen as a controller or joint-controller under GDPR then, taking into
account the nature, scope, context and purposes of processing as well as the risks of varying likelihood
and severity for the rights and freedoms of European Union Data Subjects:
17.13.1. Safari Skies shall implement appropriate technical and organisational measures to ensure and
to be able to demonstrate that processing is performed in accordance with GDPR Policies, such
measures shall also include the implementation of appropriate data protection policies by Safari Skies;
17.13.2. adherence to approved codes of conduct as referred to in GDPR Policies may be used as an
element by which to demonstrate compliance with the obligations of Safari Skies;
17.13.3. Safari Skies maintains that it is its own responsibility to ensure, where applicable, requisite
GDPR compliance and it is in no way the duty of Payfast to advise the Merchant on GDPR related
matters.
18. JURISDICTION
18.1. This Agreement shall be governed by the laws of the Republic of South Africa.Safari Skies (Pty) Ltd
Terms and Conditions
You understand and acknowledge that Safari Skies has your Personal Data, which is needed in order to
offer you our service. We will process your Personal Data in accordance with our external privacy policy.
The booking you make with Safari Skies is only for the portion of your journey operated by Safari Skies,
and Safari Skies takes no responsibility for any costs associated with onward connecting flights, ground
transportation arrangements, or hotel arrangements – no matter what happens, even if we are late or
unable to operate a flight.
➢ Airport Transfers
Transfers to and from Cape Town International airport designated pick up and drop off points are
complimentary.
➢ Lounge facilities
Safari Skies have partnered with Signature Aviation for our aviation needs and requirements. The use
the Signature lounge is for our guests and is complimentary on the day of travel.
The lounge is available to be used within the specified opening and closing times.
➢ Travel documents
Adults –
Have your appropriate visa and travel documentation according to your passport prepared for your
arrival at the South African customs and immigration authorities and for further travel within South
Africa.
Children –
South African regulation requires children under the age of 18 to possess an unabridged birth certificate
and for visa applications to be made in person; please enquire at your local South African embassy for
more detailed information.

➢ Tour agents
No discounts unless otherwise given approval by the Director.
➢ Ticket reservation applications and restrictions
Bookings –
Online purchasing for flights may be made at any time up to forty-eight (48) hours before the scheduled
time of departure and must be paid in full.
The applicable 15 percent VAT is already added to the ticket price upon purchase.
All sales are final, and a successful booking is guaranteed once payment has been completed. When
various people are viewing the same flight online at the same time, the first person to successfully
complete their payment will be allocated that fare.
Once a booking is created, it will be cancelled after 3 hours if no payment is received.
Less than forty-eight (48) hours to the time of departure flight purchases may or may not be accepted by
Safari Skies management.
Rebookings –
Our guests may rebook a flight ticket to any destination on the Safari Skies network subject to
availability up to thirty (30) days prior to the date of their initial flight ticket. If no scheduled flight seats
are available for the requested travel date, guests may use their flight ticket towards the cost of booking
a charter flight. In this case, the guest must make a formal inquiry with Safari Skies requesting a charter
quotation. Re booking fees will be applied. Any difference in fares will be applied. The fare must be
equal or higher than the previous fare. When a change results in a lower fare no refund of the residual
amount will be made.
Refunds –
If our guests intend not to travel and have already purchased flight tickets for their intended destination,
guests may request a full refund sixty (60) days prior to the date of their initial flight ticket. A handling
fee of 15 percent of the ticket sector cost will be applicable to the refund.
Our guests will be refunded at the ticket price in South African Rands (ZAR)
General –
Travel must commence within twelve (12) months from the day the flight ticket sector is purchased in
full.
All flight ticket purchases for each flight sector must be paid in full before a seat on the flight may be
allocated.
No cash for any transaction is accepted

➢ Child discounts
Infants aged 0 – under 2 (to the day before their second birthday) have no charge
Note: a belly loop (seat belt extension) will be provided
Note: Infants are required to occupy the parent or legal guardian’s lap for the flight
Children will be charged 100 percent of the ticket fare for the intended travel route, and will be
allocated a seat.
All children below the ages of 16 years old before the day of their birthday must be accompanied by
their parent or legal guardian who has the legal and authorised papers required by the relevant
authorities.
➢ Cancellations/ No Shows
Penalties are permitted at anytime
A passenger that fails to check-in within the allocated period (maximum 2 hours and minimum 30
minutes before scheduled departure time) will be regarded as a no show and will forfeit their seat and
the portion of the fare that is allocated to that leg of the flight reservation.
Boarding closes strictly 20 (twenty) minutes before the flight is scheduled to leave.
A passenger no show for a flight already booked by the passenger who has not notified Safari Skies prior
to their travel date of their intention not to travel or to request a rebooking due to their personal
circumstances, will forfeit the ticketed sector or sectors. In this case the forfeited ticket is NOT
transferable.
Exceptions:
Forfeited tickets will be refunded in full without the handling fee in the case of hospitalisation or death
of the passenger, or death of an immediate family member (coinciding with travel dates). Proof must be
provided in such cases.
➢ Flight cancellations
Flight cancellations are permitted at any time.
Flight cancellations may occur due to the following circumstances but not limited to:
The prevailing weather conditions, flight technical events, government VIP movement, striking, air traffic
services, navigation services and other events of similar nature that are out of Safari Skies’ immediate
control.
In the event of a flight cancellation due to circumstances out of the immediate control of Safari Skies, a
flight ticket refund is not permitted.
In the event of unforeseen circumstances beyond the reasonable immediate control of Safari Skies,
every reasonable effort will be made by Safari Skies to have our guests’ arrival at their final intended
ticketed destination.
➢ Flight Delays
Flight delays may occur at any time.
In the event that the flight has been delayed, the use of the lounge is permitted.
Flight times can change as a result of Safari skies operational or commercial needs to do so, or
because of unforeseen delays. Save as otherwise provided by the Conventions (when applicable),
you further agree that you will not hold Safari Skies liable for any losses or damages as a result of
these sorts of changes or delays.
Where a flight is delayed by more than 3 (three) hours or the scheduled time is changed by more
than 2 (two) hours, and you wish not to continue on that flight, we will Reaccommodate you for
free, to any other Safari Skies flight, or offer a full refund of the booking in the form of a Safari Skies
Wallet.
No accommodation, transportation or other compensation will be provided where customers are
delayed, flight times are changed, or customers are denied boarding.
➢ Flight Travel for Safari Skies partners
Travel with Safari Skies is permitted.
The normal booking process are to be followed when booking a flight ticket sector.
➢ Baggage
Left luggage –
Safari Skies will provide a secure facility at Signature Aviation for our guests’ luggage that is not
needed for their safari trip.
Checked luggage –
A soft sided duffel bag is permitted with the following limits:
– A weight of 20 kg per person applies
We will endeavourer to assist guests who may have additional bags if flight limitations allow.
Hand luggage –
– A weight of 5 kg per person applies
Safari Skies will not accept liability for losses or damage to valuable items including, but not
limited to, cell phones, jewellery, laptops, electronic items, cash, credit cards, documents, sunglasses,
spectacles, fragile or perishable items packed in baggage.
➢ Dangerous goods
Safari Skies does not permit the carriage of dangerous goods as laid out in IATA and SACAA
regulations on board the aircraft scheduled to and from safari luxury lodges at any time.
For domestic flights check-in closes 30 min before departure with boarding gates closing 20 min before
departure. For international flights check-in closes 60 min before departure with boarding gates closing
20 min before departure. Late passengers will be denied boarding.
➢ CUSTOMER CONDUCT
Safari Skies reserves the right to refuse anybody carriage if one or more of the following has happened
or we reasonably believe it may happen:
– If carrying you or your luggage may put the safety of the aircraft or the safety or health of
any person in the aircraft in danger
– If carrying you or your luggage may affect the comfort of any person in the aircraft;
– If you are under the influence of alcohol or a drug having a narcotic effect, to the extent
where the safety of the aircraft or its occupants is, or is likely to be, endangered;
– If you are, or we reasonably believe you are, in unlawful possession of drugs;
– If you have ever been caught smoking (cigarettes, e -cigarettes or vaping device), attempting
to smoke (cigarettes, e-cigarettes or vaping device), and/or tampering with a smoke
detector on a previous flight by a member of our crew;
– If your mental or physical state or health is considered a danger or risk to you, the aircraft or
any person onboard, or you have failed to meet government, public health body, or other
government enforcement body, health requirements applicable for the country you are
travelling to;
– If you have refused to allow a security check to be carried out on you or your luggage;
– If you have not observed or obeyed the instructions of our ground staff or a member of the
crew of the aircraft relating to safety or security, including but not limited to the
requirement to comply with health mitigation measures implemented to prevent the spread
of infectious disease;
– If you have used threatening, abusive or insulting words towards our ground staff or
another passenger or a member of the crew of the aircraft;
– If you have deliberately interfered with a member of the crew of the aircraft carrying out
their duties;
– If you have put the safety of either the aircraft or any person in it in danger;
– If you have made a hoax bomb or other security threat;
– If you have committed a criminal offence during the check -in or boarding processes or on
board the aircraft;
– If you have not, or do not appear to have, valid travel documents;
– If you try to enter a country for which your travel documents are not valid; If the
immigration authority for the country you are travelling to, or for a country in which you
have a stopover, has told us (either orally or in writing) that it has decided not to allow you
to enter that country, even if you have, or appear to have, valid travel documents;
– If you destroy your travel documents during the flight;
– If you have refused to allow us to photocopy your travel documents;
– If you have refused to give your travel documents to a member of the crew of the aircraft,
when we have asked you to do so;
– If carrying you would break government laws, regulations or orders;
– If you have refused or failed to give us information which a government authority has asked
us to provide about you, including passenger information requested in advance of your
flight or valid health verification documentation required by the country that you are
travelling to;
– If you have not presented a valid ticket;
– If you have not paid the fare (or any applicable carrier imposed charges and surcharges, and
any applicable taxes, fees and charges) for your journey;
– If you have presented a ticket acquired illegally;
– If you have presented a ticket which you did not buy from us or our authorised agents;
– If you have presented a ticket which was not issued by us or our authorised agents;
– If you have presented a ticket which has been reported as being lost or stolen;
– If you have presented a counterfeit ticket;
– If you have presented a ticket with an alteration made neither by us nor our authorised
agents;
– If you have presented a spoiled, torn or damaged ticket or a ticket which has been tampered
with;
– If you cannot prove you are the person named in the ticket;
– If you have failed to present your ticket or your boarding pass or your travel documents to
us when reasonably asked to do so;
– If you have failed to complete the check – in process by the check -in deadline;
– If you have failed to arrive at the boarding gate on time;
– If you have refused or failed to undergo health screening or a health examination requested
by us or by a government or enforcement agency;
– If you have behaved in a way mentioned above on or in connection with a previous flight
and we believe you may repeat this behaviour.
If we incur any expenses or fines due to actions that you take, which are against the law or civil aviation
regulations, we will hold you liable for these costs (e.g. repairing or replacing property lost, stolen or
damaged by you, or compensating any passenger, crew member or ground staff affected by your
behaviour). Similarly, we and you agree that if we decide to divert, or delay, a flight as a result of your
conduct, for the purposes of offloading you, you will be liable for all costs we incur as a result of that
action.
If you take actions that contravene any safety rules or laws, or if you threaten any of our staff or
otherwise bring Safari Skies into disrepute, Safari Skies may and will place you onto a list of banned
flyers and you will not be able to make use of Safari Skies flights in the future
➢ PERSONS REQUIRING ASSISTANCE, WHEELCHAIRS AND MOTORISED MOBILITY AIDS
The nature of the Safari Skies operations requires our guests to be able to climb the aircraft stairs
unaided. This enables guests to board the aircraft for their flight.
➢ TRAVELING WHILE PREGNANT
There are risks associated with air travel for pregnant passengers. You agree that you are fully aware of
these risks and accept them.
Pregnant passengers may travel up to 32 (thirty-two) weeks pregnant with no medical certificate.
From the commencement of week 32 (thirty-two) up until and including the last day of week 35 (thirtyfive), a medical certificate from a qualified Medical Practitioner or Midwife must be presented with the
following information:
i. Due date of the passenger;
ii. The exact date on which the passenger will reach 36 (thirty-six) weeks pregnant;
iii. Confirming that the passenger is fit to fly within the permitting air travel dates if the
passenger is between 32 (thirty- two) and 35 (thirty-five) weeks pregnant.
We will not accept pregnant passengers from the start of their 36th (thirty-sixth) week of pregnancy.
➢ Firearms and Ammunition (only applicable to Domestic Flights)
We will, subject to these terms and conditions, accept the carriage of certain firearms and ammunition
for a fee that will be charged over and above the ticket price for your ticket. The firearms and
ammunition must be for sporting purposes only (rifles / shotguns) only; no handguns or military firearms
will be transported by us.
In order to transport and check in such firearms and ammunition, you must be:
a. 18 (eighteen) years of age or older.
b. the legal owners of the firearms and ammunition being transported.
c. in possession of valid and approved documentation, in your own name, including:
i. Licenses;
ii. Import documentation where applicable.
You must present Firearms and ammunition for transportation in approved and secured firearm and
ammunition cases (hard plastic or metal case) manufactured for the applicable firearms and
ammunition. These cases must be locked at each end. A single firearms case may contain no more than
three (3) firearms.
All appropriate legislation in terms of the Firearms Control Act of South Africa (Act 60 of 2000) must be
adhered to.
Service booking and payment must be completed through the Safari Skies Booking agent.
➢ LIMITATIONS OF LIABILITY
The Conventions are multilateral treaties that have been adopted by a diplomatic meeting of member
states of the International Civil Aviation Organisation (ICAO). ICAO is a specialised agency of the United
Nations. South Africa is a member state of ICAO. If we and other carriers are involved in performing
carriage for you under one ticket, or under a conjunction ticket, we will regard the carriage as a single
operation for the purposes of the Conventions. The conditions of carriage of each other carrier involved
in your journey govern its liability to you. Other carriers may have lower limits of liability. If we issue a
ticket for you to be carried on another carrier or check in baggage for carriage on another carrier, we
only do so as agent for that carrier. Save as otherwise provided by the Conventions, our liability, if any,
shall be limited to proven compensatory damages and we shall not be liable for any special, indirect,
consequential or any other form of noncompensatory damages. Our Terms & Conditions of Booking &
Carriage, including its exclusions and limitations of liabilities, applies to our agents, operators,
employees and representatives to the same extent as they apply to us. The total amount that you can
recover from us, our agents, operators, employees and representatives will not be more than the total
amount of our liability, if any. Our Terms & Conditions of Booking & Carriage does not waive any
defence or exclusion or limitation of our liability under the applicable Conventions or any other
applicable laws, unless otherwise stated. We reserve all rights of recourse against any other person,
including without limitation rights of contribution and indemnity.
1. Our liability for the death, wounding or other bodily injury of passengers:
a. For any damages up to and including the sum of the equivalent of 128,821 SDRs (approximately US$
180,500), we shall not exclude or limit our liability.
b. Notwithstanding the provisions of clause (a) above, if we prove that the damage was caused by, or
contributed to by, the negligence or other wrongful act or omission of the injured or deceased
passenger or of the person claiming compensation, we may be exonerated wholly or partly from our
liability in accordance with applicable laws.
c. To the extent that damages under this clause may potentially exceed 128,821 SDRs (approximately
US$ 180,500) they will be reduced accordingly if we prove that the damage was not due to the
negligence or other wrongful act or omission of us or our agents or that the damage was solely due to
the negligence or other wrongful act or omission of a third party.
d. We shall, without delay make such advance payments as may be required to meet immediate
economic needs on a basis proportionate to the hardship suffered.
e. An advance payment shall not constitute recognition of our liability.
f. An advance payment may be offset against any subsequent sums paid on the basis of our liability.
g. We are not responsible for any illness, injury or disability, including death, attributable to your
physical condition or for the aggravation of such condition.
2. Our liability for damage to luggage:
a. We are not liable for damage to unchecked luggage (other than damage caused by delay which is
covered by clause b below), unless the damage was caused by our negligence or the negligence of our
agents.
b. Our liability for damage to your luggage, including damage caused by delay, for International Travel, is
limited by the Conventions to 1,288 SDRs (approximately US$1,800) except where you prove that the
damage resulted from an act or omission by us or our agents carried out either:
i. with the intention of causing damage; or
ii. recklessly and with knowledge that damage would probably result, and you prove that our employees
or agents responsible for the act or omission were acting within the scope of their employment.
c. We are not liable for damage to luggage caused by delay if we prove that we and our agents took all
reasonable measures to avoid the damage or that it was impossible for us or our agents to take such
measures.
d. We are not liable for any damage caused by your luggage.
e. You are responsible for any damage caused by your luggage to other people and property, including
our property.
f. We are not liable in any way whatever for damage to or loss of items which you include in your
checked luggage although you are forbidden from including them under clause 39, or in the case of
permitted firearms (Domestic Travel only) you have not complied with the conditions as provided for by
the Conventions. These items include fragile or perishable items, items with a special value, such as
money, jewellery, precious metals, computers, personal electronic devices, share certificates, bonds and
other valuable documents, business documents, or passports and other identification documents. In the
event of any claim for damage, delay or loss, we may avail ourself of all defences of contributory
negligence specified in the Conventions.
g. We are not liable in any way whatever for damage to items which you include in your unchecked
luggage although you are forbidden from including them under clause 39.
h. We shall not accept liability for damage such as scratches, stains, dents, cuts and dirt resulting from
normal wear and tear or water damage to non-waterproof luggage, damage or loss of protruding parts
such as wheels, straps, pull handles or other items that are attached to luggage or items lost as a result
of badly packaged luggage.
3. Our liability for damage caused by delay to passengers:
a. To the extent that we and/or our agents are liable for any damage caused by delay, our liability will be
limited in accordance with the limitations and exclusions as set out in the Montreal Convention (1999) if
such convention is applicable to a particular flight.
b. We are not liable for damage to passengers caused by delay if we prove that we and our agents took
all reasonable measures to avoid the damage or that that it was impossible for us or our agents to take
such measures.
4. General:
a. If we:
i. issue a ticket for you to be carried on another carrier; or
ii. check in luggage for carriage on another carrier;
we do so only as agent for that carrier. If you have a claim for checked luggage, you may make it
against the first or last carrier or against the carrier performing the carriage during which the damage
took place.
b. We are not liable for any damage arising from:
i. our compliance with applicable laws or government rules and regulations; or
ii. your failure to comply with applicable laws or government rules and regulations.
c. Nothing in these Terms & Conditions of Booking & Carriage:
i. prevents us from excluding or limiting our liability under the Conventions or any laws which apply; or
ii. waives any defence available to us under the Conventions or any laws which apply; against any public
social insurance body or any person liable to pay, or who has paid, compensation for the death,
wounding or other bodily injury of a passenger.
Where the Conventions are not applicable:
1. Any liability Safari Skies has for damage will be reduced by any negligence on your part which causes
or contributes to the damage in accordance with applicable law;
2. Safari Skies will not be liable for damage to passengers or any checked-in luggage or unchecked-in
luggage unless such damage is caused by our negligence and such passenger or such luggage was within
our control or custody;
3. Where we are found to be liable for damage to a passenger, or for damage to checked-in luggage or
unchecked luggage as per 4 above, such liability will always be subject to the limitations as set out in 6
below as well as the exclusions of liability as set out in the Terms & Conditions of Booking & Carriage
document;
4. Any liability we might have towards luggage (in respect of domestic destinations) will always be
limited to US$20 (twenty United States dollars) per kilogram and not the monetary value thereof. The
maximum value of the checked-in luggage (in respect of domestic destinations) as a whole shall be
limited to a maximum of US$400 (four hundred United States dollars) per passenger, provided that
if in accordance with applicable law different limits of liability are applicable such different limits shall
apply. If the weight of the luggage is not recorded on the luggage identification tag, it is presumed that
the total weight of the checked-in luggage does not exceed 15 (fifteen) kilograms;
5. We will not be liable for any damage arising from our compliance with applicable laws, government
rules, regulations and/or your failure to comply with such laws, rules and regulations. We shall have no
liability whatsoever for damage, loss or partial loss to articles or items not permitted to be contained in
your luggage or carried on your person;
6. Except where other specific provision is made in these Terms & Conditions of Booking & Carriage, we
shall be liable to you only for direct damages in accordance with applicable law;
7. We are not liable for any damage caused by your luggage. You shall be responsible for any damage
caused by your luggage to other persons or property, including our property;
8. We are not responsible for any illness, disability or death, attributable to your physical condition or
for the aggravation of such condition;
9. All arrangements and services provided by us in respect of assistance provided to passengers, with
reduced mobility and payment(s) made by us to the handling agent for such services, are as agent for
and on behalf of you;
10. We, our agents and employees shall not be liable for any death, personal injury (unless such death or
injury was solely and directly caused by our negligence, or the negligence of our employees or agents
acting within the course and scope of their employment), loss or damage however caused;
11. You voluntarily assume all risk and danger in connection with the assistance provided to passengers
with reduced mobility including any death, personal injury, loss, damage or liability. Any complaints
regarding the service shall be directed to and dealt with by the handling agent for such services;
12. The contract of carriage including these Terms & Conditions of Booking & Carriage, and exclusions or
limits of liability, applies to our authorised agents, employees and representatives to the same extent as
they apply to us. The total amount recoverable from us and from such authorised agents, employees
and representatives shall not exceed the amount of our own liability, if any;
13. Nothing in these Terms & Conditions of Booking & Carriage shall waive any exclusion or limitation of
our liability under the Conventions or applicable local laws unless otherwise expressly stated by us.
Subject to any applicable law we will not in any circumstances be liable for indirect or consequential
damages and in no event will our obligations exceed any liability specified in these Terms & Conditions
of Booking & Carriage. Time Limitation on Claims and Actions
14. Notice of claims –
Domestic and International Flights:
acceptance of luggage by the bearer of the luggage identification tag without complaint at the time of
delivery is sufficient evidence that the luggage has been delivered in good condition and in accordance
with the contract of carriage, unless you prove otherwise. If you wish to file a claim or an action
regarding damage to checked baggage, you must notify us as soon as you discover the damage, and at
the latest within seven (7) days of receipt of the baggage. If you wish to file a claim or an action
regarding delay if the checked baggage, you must notify us within twenty-one (21) days from the date
the baggage has been placed at your disposal. Every such notification must be made in writing.
15. Limitation of actions
Domestic and International flights:
any right to damages shall be extinguished if an action is not brought against us within 2 (two) years of
the date of arrival at the destination, or the date on which the aircraft was scheduled to arrive, or the
date on which the carriage stopped.
➢ Safari Skies Payment portal / Payfast Terms and conditions
1. INTERPRETATION
1.1. Headings and instructive notes are inserted for convenience only and will not be used in the
interpretation, or affect the construction of this agreement.
1.2. Words and expressions will bear the meanings assigned to them.
1.3. Where Safari Skies comprises more than one person, the liability of such persons will be joint and
several.
1.4. The Parties will not be entitled to rely, in any dispute regarding this agreement, on any terms,
conditions or representations not expressly contained in this agreement.
1.5. The validity and interpretation of this agreement will be governed by the laws of the Republic of
South Africa.
1.6. Reference to months or years shall be construed as calendar months (i.e. one or more of the twelve
periods into which a conventional year is divided) or conventional years (i.e. 1 January to 31 December).
Reference to “days” shall be construed as calendar days unless qualified by the word “business”, in
which instance a “business day” shall be any day other than a Saturday, Sunday or public holiday as
gazetted by the government of the Republic of South Africa from time to time. Any reference to
“business hours” shall be construed as being the hours between 08h00 (eight hours) and 17h00
(seventeen hours) on any business days. Any reference to time shall be based upon South African
standard time being Greenwich Mean Time plus 2 (two) hours.
1.7. Unless specifically otherwise provided, any number of days prescribed shall be determined by
excluding the first and including the last day or, where the last day falls on a Saturday, Sunday or public
holiday, the next succeeding business day.
1.8. No provision herein shall be construed against or interpreted to the disadvantage of a Party by
reason of such Party having or being deemed to have structured, drafted or introduced such provision.
1.9. The words “include” and “including” mean “include without limitation” and “including without
limitation”. The use of the words “include” and “including” followed by a specific example or examples
shall not be construed as limiting the meaning of the general wording preceding it: the application of the
eiusdem generis rule is excluded.
1.10. In this Agreement the word “Agreement” refers to this Agreement and the word “clause” or
“clauses” refers to clauses of this Agreement. This Agreement incorporates the annexures attached
hereto and the word “annex” or “annexures” refers to the annexures attached to this Agreement.
1.11. Words and expressions defined in any clause shall, for the purpose of that clause, bear the
meaning assigned to such words and expressions in such clause.
2. DEFINITIONS
2.1. Card – any payment card issued by an Issuer to a Cardholder;
2.2. Cardholder – any Person to whom an Issuer has issued a Card;
2.3. Chargeback – means a dispute of a purchase that has already been charged to an account that
results in a return of funds by the Bank to the Customer’s account and has the associated fees payable
by the merchant as detailed in Annexure A of this Agreement.
2.4. “Commission” means the agreed fee that is charged by Payfast to Safari Skies for the facilitation of
the payment using The Service.
2.5. “Customer” means any customer using The Service to pay for products;
2.6. “Fraudulent Transactions” mean any transaction which, in terms of the common law or any
applicable statute, may constitute fraud, where either the Bank or The Merchant or a Customer is
defrauded.
2.7. Party – Safari Skies and/or Payfast as the context indicates;
2.8. Parties – Safari Skies and Payfast;
2.9. “Payment Notification” means notification of either a successful or unsuccessful payment of a
requested order;
2.10. “Products” mean any goods or services offered to the Customer on any website or service
operated by Safari Skies;
2.11. “Receipts” mean individually and collectively POS Transactions slips and/or Card-Not-Present
Receipts;
2.12. “Rules” mean all applicable industry rules and includes Payment Scheme Rules as well as any rules
of PCI SSC if applicable (including PCI DSS), the Payment System Management Body or the Issuer, as may
be amended from time to time;
2.13. “Sanctions” mean trade, economic or financial sanctions, laws, regulations, embargoes or
restrictive measures administered, enacted or enforced by any Sanctioning Body;
2.14. “Sanctioning Body” means any one or a combination of the following entities: 2.14.1. the Office of
Foreign Assets Control of the Department of Treasury of the United States of America;
2.14.2. the United Nations Security Council;
2.14.3. the European Union or any participating member state of the European Union;
2.14.4. Her Majesty’s Treasury of the United Kingdom; and
2.14.5. any other sanctions authority body of a foreign country in whose currency payment may be
facilitated;
2.15. “Sanctioned Country” means a country which is subject to general sanctions or embargo by a
Sanctioning Body;
2.16. “Sanctions List” means the lists or specially designated national or designated Persons or Entities
(or equivalent) held by a Sanctioning Body or authority, and/or any other sanctions lists that Payfast may
from time to time deem necessary or be required to screen, verify and process transactions against;
2.17. “Sanctioned Transaction” means the use by the Merchant of amounts in an account for the
purpose of financing directly or indirectly the activities of any person or entity which is on a Sanctions
List or which is in a Sanctioned Country, and/or the contribution or making available of amounts paid
from an account to any person or entity, if Safari Skies has actual knowledge that such Person or Entity
intends to use such funds for the purpose of financing the activities of any person or entity which is in a
Sanctioned Country and/or is on a Sanction List, in each case to the extent that such financing or
provision of funds would be prohibited by Sanctions;
2.18. “The Service” means the “Payfast Plus Service” which is a fully managed payment collection and
facilitation service offered by Payfast to Safari Skies of which Payfast is the author and proprietor;
2.19. “The System” means the Payfast payment gateway payment processing facility;
2.20. “Transaction” means any transaction concluded by a Customer;
2.21. “Transaction documents” mean all documentation (physical, electronic or otherwise) pertaining to
a Transaction, including batch reports, Authorisation slips, Receipts or proof of delivery;
2.22. “Undesirable Products” mean any Products offered for sale by Safari Skies which Payfast, in its sole
discretion, considers undesirable for any reason, including ethical or moral reasons or factors which may
have an adverse effect on the reputation of Payfast.
3. SCOPE
3.1. This Agreement is legally binding on the Parties.
3.2. Payfast has introduced the Service to assist merchants to get paid easily and economically by
customers using credit cards, debit cards and other modes of payment which Payfast may introduce to
the Service from time to time. Safari Skies is desirous signing up with Payfast and acquiring the use of
the Service subject to the terms and conditions set out hereunder.
3.3. After sign-up and conclusion of this Agreement Payfast is responsible for arranging a Merchant
account with the bank in the Merchant’s name, that is, Safari Skies Pty Ltd.
3.4. The Service operates as follows:
3.4.1. Payfast facilitates the transaction and all monies are paid into Payfast’s account;
3.4.2. Payfast performs fraud and risk screening on all transactions processed on behalf of Safari Skies.
This is part of the Service but Payfast does not guarantee that the fraud and risk screening will be one
hundred percent successful in blocking all fraud;
3.4.3. Payfast then performs daily settlement reconciliation which involves cross referencing all
successful transactions from the previous day with monies paid into Payfast’s account on behalf of Safari
Skies at no additional cost to Safari Skies. Where daily settlement reconciliation shows a discrepancy,
Payfast will address the discrepancy with the Bank on behalf of Safari Skies;
3.4.4. in the case of chargebacks occurring, Payfast will follow up with the bank enquiring and
attempting to resolve the recurrence of chargebacks on behalf of Safari Skies; for the fee detailed in
Annexure A of this Agreement.
3.4.5. Payfast then pays the monies owed to the Merchant, less any service fees as laid out in clause 4
read with Annexure A of this Agreement, to Safari Skies’s selected account in arrears at the intervals
agreed to in Annexure A.
Payfast performs fraud and risk screening on all transactions processed on behalf of Safari Skies. This is
part of the Service but Payfast does not guarantee that the fraud and risk screening will be one hundred
percent successful in blocking all fraud;
3.5. In addition to the above, the Service also grants Safari Skies access at no additional cost, to all of
Payfast’s value added services which include but which are not limited to, 24×7 transaction monitoring,
24×7 infrastructure monitoring and management, infrastructure automated failover and redundancy,
transaction acceptance rate monitoring and measurement, 24×7 access to a Merchant back office
portal, secure card vaulting services.
3.6. Notwithstanding the above, the following reasonable limitations apply to the scope of the Service:
3.6.1. if Safari Skies has any outstanding Due Diligence requirements, Payfast will withhold pay outs;
3.6.2. it is Safari Skies’s responsibility to check that payment has been received correctly and to advise
Payfast, within 21 days of notification by Payfast that a payment has been made, if there is any issue
with the payment. Payfast will assist Safari Skies wherever possible but will not be liable for any error in
payment, after this time;
3.6.3. Payfast merely facilitates the transaction using the System and all disputes between Safari Skies
and the Customer relating to the Products including but not limited to, returns, warranties, price,
payment or delivery remains a dispute between the Merchant and the Customer alone and Payfast shall
not be a Party thereto;
3.6.4. Payfast performs fraud and risk screening on all transactions processed, as well as following up
with the Bank in the case of Chargebacks, for and on behalf of Safari Skies. This is part of the Service and
whilst Payfast uses its best endeavours to block all fraud and/or prevent the occurrence and recurrence
of Chargebacks, it in no way guarantees that the fraud and risk screening it undertakes will be one
hundred percent successful and/or that Chargebacks will not occur. The risk of fraud and/or of
Chargebacks thus remains Safari Skies’s risk. Payfast will deduct the value of the Chargeback in South
African Rands by the bank from monies owing to Safari Skies where Payfast is unable to recover these
amounts from the Bank on behalf of Safari Skies. If Safari Skies is not owed any money by Payfast, then
Safari Skies will make a payment to Payfast within 30 days to cover the cost of the fraudulent
transactions. For the avoidance of doubt, Payfast will claim the full value of the Chargeback back from
Safari Skies. In the event that currency conversion applied to the transaction then any foreign exchange
gain or loss is to the merchants account.
3.7. Payfast will maintain Payment Card Industry Data Security Standard (“PCI DSS”) compliance and as
such Payfast is responsible for securely storing, processing and transmitting card data to the PCI
compliance standard. If/when Safari Skies makes use of any Payfast product which results in Safari Skies
storing, processing or transmitting card data, then Safari Skies shall be responsible for securing this data
in accordance with the PCI compliance standard.
4. SERVICE FEE AND PAYMENT
4.1. For the duration of this Agreement, unless otherwise agreed in writing between parties, Payfast
shall charge Safari Skies –
4.1.1. a Commission fee for the facilitation of payment through the Service as set out in Annexure A;
4.1.2. a monthly fee payable, in addition to the Commission fee, as set out in Annexure A.
4.1.3. all other fee’s detailed in Annexure A.
4.2. Safari Skies hereby acknowledges and agrees that any fee’s referred to in Clause 4.1, and, where
applicable, any other outstanding amounts owed to Payfast in terms of this Agreement, will be deducted
from the monies owed to Safari Skies, held in Payfast’s account.
4.3. Where the monies owed to Safari Skies held in Payfast’s account are insufficient to cover the fee’s
and/or amounts owed to Payfast in terms of this Agreement, Safari Skies hereby authorises Payfast to
obtain outstanding fee’s and/or amounts owed to it by initiating a debit order of Safari Skies’s account
as detailed in the Debit Order Authorisation Form hereto attached as Annexure B. Such debit order will
be initiated on the first business day of the month for fee’s and/or amounts due in arrears.
4.4. If for whatever reason howsoever arising, a debit order cannot be effected by Payfast, Safari Skies
warrants that it will pay the outstanding fee’s and/or amounts due in terms of this Agreement within 10
(TEN) business days of notification thereof.
4.5. Where Safari Skies, at its own request, chooses to suspend the Service and requests for its
reconnection at a later stage, and/or where Payfast at its own discretion chooses to suspend the Service
due to non-fulfilment by the Merchant of clause 4.4 of this Agreement then a re-connection fee of
R250.00 (subject to change from time to time at the sole discretion of Payfast but with a minimum of 30
(THIRTY) days written notice of the change to Safari Skies) may be imposed for Services that are
suspended in terms of this Agreement.
4.6. Transaction history will be made available to Safari Skies via Payfast’s back office web site detailing
all the successful (and unsuccessful) transactions processed by the Service at no additional cost to Safari
Skies
4.7. In requesting the payment, Safari Skies warrants that – 4.7.1. the information thereon is correct;
4.7.2. there has been due and proper performance by Safari Skies of its obligations in terms of the
supply of Products to the Customer;
4.7.3. the value thereon is in respect of the undertaking to supply Products and that no additional
charges are included;
4.7.4. Payfast is indemnified by Safari Skies in respect of all losses, costs, penalties, payments or any
other liability whatsoever arising from any dispute, claim or defence raised against Payfast where such
dispute, claim or defence is a direct or indirect result of any act or omission on the part of Safari Skies;
4.7.5. Payfast will be afforded all reasonably necessary assistance from the Merchant in handling a claim
by a Customer against Payfast;
4.7.6. there has been due compliance with all the terms of this Agreement.
5. PAYMENT NOTIFICATION
5.1. Customer authorisation will be requested by Safari Skies by transmitting to Payfast the relevant
order details in the form specified by Payfast from time to time or by capturing the relevant information
on Payfast’s secure Back Office payment page.
5.2. After authorisation by the Customer 5.2.1. if successful, Payfast will send a successful Payment
Notification to Safari Skies, OR
5.2.2. if unsuccessful, Payfast will send an unsuccessful Payment Notification to Safari Skies.
6. PROPERTY OF PAYFAST & INTELLECTUAL PROPERTY
6.1. “Intellectual Property” for purposes of this Agreement means all intellectual property, whether or
not registerable, including but not limited to copyright, patents, proprietary material, trademarks, logos,
design, software programs, systems, know-how, trade secrets, new proprietary and secret concepts,
methods, techniques, processes, adaptations, ideas, technical specifications and testing methods.
6.2. The System and remains the property of Payfast and the Merchant shall not reproduce the System
in any manner or form nor make an adaptation of the System, nor let, nor offer, nor expose for hire by
way of trade, directly or indirectly, a copy of such System.
6.3. The Service remains the property of Payfast and Safari Skies shall not copy the Service, its name or
any intellectual property associated or connected with the Service in any manner or form.
6.4. Unless specifically authorised in this Agreement or in writing by Payfast, and then only to the extent
so authorised, Safari Skies shall have a limited right of use of Payfast’s Intellectual Property in the use of
the System. This limited right shall specifically include the use of Payfast’s logo on any website used by
Safari Skies to accept transactions destined for processing by Payfast.
6.5. Safari Skies acknowledges that Payfast will retain ownership of all right, title and interest, including
but not limited to all Intellectual Property rights in and to the System and all software programs
developed by Payfast and used in the delivery of the Service.
6.6. All Intellectual Property owned by Payfast and all modifications thereto (even where such
modifications are made specifically for and/or at the request of Safari Skies) shall at all times remain the
sole property of Payfast and Safari Skies shall not acquire any rights, title or interest of any kind in any of
Payfast’s Intellectual Property, other than permitted in terms of this Agreement.
6.7. Payfast grants Safari Skies a non-exclusive, non-transferable limited right of use of Payfast’s logo in
terms of this Agreement and only for the duration of this Agreement. Upon termination this right will
expire.
7. WARRANTIES
7.1. In addition to any other warranties that may be present in this Agreement, Safari Skies warrants and
represents that, as at the signature date of this Agreement –
7.1.1. it has never had a merchant agreement terminated at the direction of any Payment Scheme,
regulatory authority or court of law;
7.1.2. it complies and will continue to comply with Sanctions and will not enter into any Sanctioned
Transactions, nor with any Person on a Sanctions List;
7.1.3. only where applicable, that it complies and will continue to comply with all the Rules (including
PCI DSS) and applicable laws;
7.1.4. all information supplied by Safari Skies to Payfast is true, accurate and complete in all respects;
and
7.1.5. it will not do anything, or engage in any activity, which is likely to adversely affect or damage
Payfast and/or the Bank’s good name and/or reputation.
7.2. Safari Skies must7.2.1. only request Customer authorisation at the time of and for a particular transaction;
7.2.2. after receipt of a successful Payment Notification, record and release the Products to the
customer;
7.2.3. ensure that the Merchant obtains a successful Payment Notification for all transactions before
releasing any Products to the Customer; and
7.2.4. verify the status of a payment before releasing the Products where the original Payment
Notification message was not received.
7.3. The presentation of a Transaction to Payfast in terms of this Agreement will be a warranty by Safari
Skies that 7.3.1. Safari Skies has supplied the goods and/or services to the value stated on the Receipt to
the Cardholder;
7.3.2. no fictitious and/or fraudulent Transactions were processed by Safari Skies to increase Safari
Skies’s cash flow;
7.3.3. the Transaction is not illegal;
7.3.4. the Transaction has been authorised by the Cardholder;
7.3.5. there has been due compliance with all the terms of this Agreement; and
7.3.6. it indemnifies Payfast against any claim or liability that may arise from a Transaction dispute
arising between Safari Skies and any party who is not Payfast (including but in no way limited to the
Bank, the Cardholder, and/or the Customer) where such a dispute causes quantifiable damages.
7.4. Payfast shall not be liable to the Merchant nor to any third party for any loss or damage of
whatsoever nature, howsoever arising (including consequential or incidental loss or damage which shall
include but not be limited to, damage to property or loss of profit, business, goodwill, revenue, or
anticipated savings) unless such loss or damage arises from wilful misconduct or gross negligence on the
part of Payfast. The total aggregate liability of Payfast is hereby limited to the total sum of the value of
the preceding 12 (TWELVE) months invoices issued by Payfast to Safari Skies for services rendered.
8. FRAUDULENT TRANSACTIONS
8.1. Safari Skies undertakes to support Payfast with investigations relating to fraud. Safari Skies should
provide Payfast with the identity of the customers that purchased, the nature of Products purchased,
the delivery address or electronic destination of Products purchased, and any other information
reasonably required in the circumstances.
8.2. Payfast may at its discretion withhold monies owed to Safari Skies at any time if/when Payfast
suspects foul play or possible fraudulent activity on the account and Payfast can withhold these funds
for a maximum of 180 (one hundred and eighty) days. In the event of Safari Skies engaging in fraud of
any kind, Payfast reserves the right to terminate the agreement immediately.
9. UNDESIRABLE PRODUCTS
9.1. Where The Merchant offers for sale any Undesirable Products, as detailed and updated from time
to time at https://www.paygate.co.za/restricted-list, Payfast will be entitled to terminate this
Agreement on 2 (two) days notice to Safari Skies.
10. LIMITATION OF LIABILITY
10.1. As recorded in this Agreement, Payfast acts as an intermediary between Safari Skies and the Bank,
acquires information supplied from Safari Skies and the Bank and the System processes transactions in
good faith.
10.2. Payfast does not guarantee the correctness of information acquired or supplied and can in no way
be held liable by Safari Skies for any damages suffered by Safari Skies acting upon such information.
10.3. Any dispute between the Bank and Safari Skies howsoever arising, which includes, but is not
limited to, a dispute regarding:
10.3.1. the value of reversals of invalid sales (“chargebacks”);
10.3.2. any discount;
10.3.3. any refund due to a cardholder;
10.3.4. any overpayment;
10.3.5. the value of any transaction; and/or
10.3.6. the debiting of any Merchant’s account; -is deemed to be a dispute between the Bank and Safari
Skies and Payfast is not a party thereto.
10.4. Payfast will in no way be held liable by Safari Skies for any damages suffered by such Merchant
pursuant to such dispute except where the damages are a direct result of gross negligence or wilful
misconduct on the part of Payfast.
10.5. Notwithstanding the above, the Merchant will be liable to Payfast for any act or omission of Safari
Skies, or its employees, agents or representatives that causes loss or damage to Payfast where such act
or omission causes quantifiable damages.
10.6. The above notwithstanding, regarding transactions processed using the SiD product (this clause
only applying to SiD transactions) Payfast guarantees protection up to a maximum amount of R5 000.00
per transaction in respect of funds not received in Safari Skies’s bank account when payment is made by
means of SiD when such funds are not received by Safari Skies due directly to a technical fault in the SiD
Payment system. This guarantee applies only in so far as the customer service team, once notified by
Safari Skies, is not able to resolve the problem. This guarantee does not, under any circumstances, apply
to problems that are not caused directly by a technical fault in the SiD system. This exclusion expressly
includes within its exclusionary scope, though is in no way limited to, instances in which the Bank makes
a reversal of the funds for any reason whatsoever as this action falls outside the control of SiD and
amounts to a dispute directly between Bank and Safari Skies. The foregoing is subject to the provision
that in no event will Payfast’s aggregate liability in respect of any claims relating to this clause 11.6
exceed the transaction fees paid or payable by the Safari Skies to Payfast for the 12 (TWELVE) month
period immediately preceding the date on which the claim arose.
10.7. Any dispute, unless resolved amongst the Party’s, will be resolved in accordance with the
provisions of clause 12 of this Agreement.
11. DISPUTE RESOLUTION PROCESS
11.1. Informal dispute resolution: Prior to the initiation of formal dispute resolution procedures as
outlined in this Agreement, the Parties shall first attempt to resolve their dispute informally as follows:
11.1.1. upon the written request of a Party, any dispute that arises between the Parties shall be referred
to a joint committee appointed by Payfast and Safari Skies;
11.1.2. the joint committee shall meet as often as the Parties reasonably deem necessary in order to
gather and furnish to the other all information with respect to the matter in issue which the Parties
believe to be appropriate and germane in connection with its resolution;
11.1.3. the joint committee shall discuss the problem and attempt to resolve the dispute without the
necessity of any formal proceeding. During the course of discussion, all reasonable requests made by
one Party to another for non-privileged information, reasonably related to this Agreement, shall be
honoured in order that each of the Parties may be fully advised of the other’s position;
11.1.4. the specific format for the discussions shall be left to the discretion of the joint committee.
11.2. Should the Parties not resolve the dispute in terms of clause 12.1. within a period of 14 (fourteen)
days, the dispute shall be referred by the joint committee to the Chief Executive Officer (CEO) of Payfast
and a suitable Executive Manager from Safari Skies, who shall follow a dispute resolution process similar
to the process described in clause
11.3. Formal proceedings for the resolution of a dispute may not be commenced until the earlier of the
Parties referred to in clause 12.2. concluding in good faith that amicable resolution through continued
negotiation of the matter does not appear likely, or 14 (fourteen) days after the matter has been
referred to them pursuant to clause 12.2. This period shall be deemed to run notwithstanding any claim
that the process described in this clause was not followed or completed.
11.4. Formal Dispute Resolution: Save in respect of those provisions of this Agreement which provide for
their own remedies which would be incompatible with arbitration, a dispute that arises in regard to–
11.4.1. the interpretation of; or
11.4.2. the carrying into effect of; or
11.4.3. any of the Parties’ rights and obligations arising from; or
11.4.4. the termination or purported termination of or arising from the termination of; or
11.4.5. the rectification or proposed rectification of this Agreement, or out of or pursuant to this
Agreement or on any other matter which in terms of this Agreement requires agreement by the Parties,
(other than where an interdict is sought or urgent relief may be obtained from a court of competent
jurisdiction), -shall be submitted to and decided by arbitration.
11.5. That arbitration shall be held –
11.5.1. with only the Parties and their representatives including legal representatives, present thereat;
11.5.2. in Cape Town or Johannesburg, South Africa at the election of the Parties at the time of the
dispute.
11.6. The arbitration shall be subject to the arbitration legislation for the time being in force in South
Africa.
11.7. The arbitrator shall be, if the matter in dispute is principally –
11.7.1. a legal matter, then an impartial practising advocate of not less than 15 (fifteen) years’ standing,
or an impartial practising attorney of not less than 15 (fifteen) years’ standing;
11.7.2. an accounting matter, then an impartial practising chartered accountant of not less than 15
(fifteen) years’ standing;
11.7.3. any other matter, then an independent person agreed upon between the Parties.
11.8. If the Parties fail to agree on an arbitrator within 14 (fourteen) days after the arbitration has been
demanded, the arbitrator shall be nominated, at the request of either Party by the President for the
time being of the Legal Practice Council, Western Cape (or its successor). If that person fails or refuses to
make the nomination, either Party may approach the High Court of South Africa to make such an
appointment. To the extent necessary, the High Court is expressly empowered to do so.
11.9. If the Parties fail to agree whether the dispute is a legal, accounting or other nature within 10 (ten)
days after the arbitration has been demanded, it shall be considered a matter referred to in clause
11.10. The Parties shall keep the evidence in the arbitration proceedings and any order made by any
arbitrator confidential unless otherwise contemplated herein.
11.11. The arbitrator shall be obliged to give his award in writing fully supported by reasons.
11.12. The provisions of this clause are severable from the rest of this Agreement and shall remain in
effect even if this Agreement is terminated for any reason.
11.13. The arbitrator shall have the power to give default judgment if any Party fails to make
submissions on due date and/or fails to appear at the arbitration.
12. BREACH
12.1. In the event of either Party (“the Breaching Party”) committing a breach of a material term of this
Agreement, and who fails to rectify such breach within 14 (fourteen) days of receiving written notice of
the breach from the other Party (“the Affected Party”), then the Affected Party will, at its option, be
entitled – without prejudice to any of its rights – to either
12.1.1. cancel this Agreement without further notice and to take such further steps, including
suspension of access to the System, which may be appropriate in the circumstances; or
12.1.2. claim specific performance;
12.1.3. and in either case the Affected Party may claim damages reasonable in the circumstances.
12.2. In addition to any and all other legal remedies which are available to the Parties, either Party may
immediately cancel this Agreement if the other Party is liquidated, placed under business rescue or is
sequestrated; effects a general compromise or any other arrangement with its creditors; suffers any
judgment to be granted against it and fails to meet the judgment or to take steps to set it aside or
rescind it within 30 (THIRTY) days of it having been granted; and/or ceases to carry on business.
12.3. Notwithstanding the provisions of this Agreement, should Payfast suspect that Safari Skies is using
its Services while being involved directly or indirectly in any unlawful activities, Payfast reserves the right
to suspend its Services immediately and/or terminate the Agreement, pending the outcome of an
investigation at the sole discretion of Payfast.
13. DURATION AND TERMINATION
13.1. This Agreement –
13.1.1. supersedes all prior agreements entered into between Payfast and Safari Skies; and
13.1.2. will be effective from date of signature of the Agreement and shall remain in force for an
indefinite period until terminated by either Party on a minimum of 30 (THIRTY) days’ written notice to
the other, where after Safari Skies’s access to the System shall be terminated by Payfast upon expiry of
the notice period and all monies owing to Payfast or the Merchant shall be paid by Safari Skies or
Payfast (as the case may be) within 30 (THIRTY) days of the date of termination.
13.2. Termination of this Agreement will be subject to and not affect the obligations of the respective
parties incurred or arising prior to such termination becoming effective.
14. TERMS AND CONDITIONS
14.1. The parties record that the Terms and Conditions as contained in the Payfast website form part of
and are incorporated in this Agreement. The Terms and Conditions referred to are subject to change
from time to time. In the event of Payfast contemplating any change to the Terms and Conditions, then
Payfast undertakes to give the Merchant 7 (SEVEN) days written notice of such change. Where the
Terms and Conditions conflict with this Agreement, the terms of this Agreement prevail.
14.2. Payfast and/or the Bank are entitled to request, all the Transaction documents which show that a
Customer has authorised a specific Transaction, and Safari Skies will furnish such documents to Payfast
and/or the Bank within 7 (SEVEN) days of the request.
14.3. Safari Skies is prohibited from allowing any other party access to the Services and/or the System
through Safari Skies’s Terminal-ID with Payfast.
14.4. Safari Skies shall be responsible and liable for each Terminal-ID and each one will be governed by
this Agreement.
14.5. Safari Skies may not at any time use the Service in contravention of any law, nor in contravention
of any obligation imposed by the Merchant as between Safari Skies and any Bank.
14.6. Safari Skies acknowledges that Payfast does not assume any responsibilities Safari Skies may have
under any agreement concluded between Safari Skies and any Bank.
14.7. Safari Skies hereby agrees to display the Payfast logo, including a link to the Payfast website, on
any website used by the Merchant to accept transactions destined for processing by Payfast.
15. GENERAL
15.1. No extension of time, waiver, indulgence, release from liability, compromise or other arrangement
granted or allowed by either Party shall constitute a waiver or novation of that Party’s rights nor shall it
in any way prejudice such Party’s rights in terms hereof.
15.2. Should any provisions of this Agreement be held to be invalid, unlawful or unenforceable, such
provisions will be severable from the remaining provisions of this Agreement which will continue to be
valid and enforceable. If any provision of this Agreement held to be invalid is capable of amendment to
render it valid, the Parties agree to negotiate an amendment to remove the invalidity.
15.3. For the purpose of this Agreement, including the giving of notices and the serving of legal process,
the Merchant chooses its domicilium citandi et executandi to be the physical address set out on the
Application Form hereto and Payfast chooses Great Westerford, 240 Main Road, Rondebosch, Cape
Town, 7700.
15.4. A notice in terms of this Agreement shall be presumed to have been duly given, if delivered, on the
date of delivery, if sent by post, 5 (five) business days after posting, if sent by facsimile or e-mail, on the
day that the facsimile or e-mail is transmitted.
15.5. Safari Skies may not cede any rights or delegate any obligations in terms of this Agreement without
Payfast’s prior written consent.
15.6. Payfast or any person to whom its rights or obligations have been ceded, delegated or assigned,
may cede, delegate or assign any of its rights or obligations to any person or to more than one person
within the Network International Group. Should this happen, the Merchant will be notified thereof in
writing.
16. CONFIDENTIAL INFORMATION
16.1. For the purpose of this Clause: “Confidential Information” means information of whatever nature
which is disclosed, directly or indirectly, and in whatever form (including without limitation, written,
visual, oral, electronic or on tape or disk) by and relating to one Party, its staff or customers (the
“Disclosing Party”), to the other Party (the “Receiving Party”) and which shall not be disclosed by the
Receiving Party to its agents, representatives, sub-contractors and/or staff, or to any third party other
than for the purpose of providing the services, without the prior written consent of the Disclosing Party.
16.2. The Receiving Party acknowledges that in performing in terms of this Agreement, the Receiving
Party may be exposed to Confidential Information relating to the Disclosing Party as well as the personal
information of the Disclosing Party’s employees, customers and clients. The Parties specifically record
that all personal information provided by the Disclosing Party to the Receiving Party, or to which the
Receiving Party may be exposed, shall constitute Confidential Information and where applicable,
intellectual property belonging to the Disclosing Party. Each Party will take all reasonable steps to
ensure their employees or contractors abide by this clause.
16.3. The Receiving Party agrees to protect the interests of the Disclosing Party, and will:
16.3.1. only use it to comply with its responsibilities under this Agreement;
16.3.2. only give the information to any of its employees or agents that need it, and only give as much of
it as they need;
16.3.3. use reasonable security procedures to make sure employees or agents keep the information
confidential;
16.3.4. get promises of confidentiality from those employees or agents who need access to the
information;
16.3.5. not reveal the information to anyone else; and 16.3.6. not use it for any purpose other than this
Agreement.
16.4. At the end of this Agreement, or on written request, the Parties will give back to the other all
originals and copies of confidential information of the other that they have. If the other agrees, they
may destroy the confidential information they have.
16.5. These responsibilities will not apply to any information that:
16.5.1. the other Party agrees that they may destroy or retain it instead; or
16.5.2. it is lawfully in the public domain (available to the general public) when a Party received it;
16.5.3. lawfully becomes part of the public domain afterwards;
16.5.4. is given to the Receiving Party afterwards by a different person who is allowed to reveal the
confidential information; or
16.5.5. is given to comply with a court order or other legal duty.
16.6. This clause about confidential information is separate from the rest of this Agreement and remains
valid in perpetuity.
17. DATA PROTECTION
17.1. Each party is responsible for complying with their obligations under applicable data protection law.
The Parties both
acknowledge that they are not investigating the steps the other is taking to comply with any applicable
privacy and data
protection laws.
17.2. The Merchant is the responsible party for determining the purpose and means of the processing of
their personal
information, including that processing will not place Payfast in breach of any laws.
17.3. Payfast will not transfer the personal information of The Merchant across any country border
without the consent of Safari Skies.
17.4. Safari Skies agrees to indemnify, defend, and hold Payfast harmless (and those related to Payfast
and their personnel, co-branders or other partners) from and against any claim, demand, loss, damage,
cost, or liability (including legal costs) arising out of or relating to the Merchant failing to comply with
their obligations under this clause. If permissible under applicable law, legal costs will on an attorney
and own client basis.
17.5. On a Party’s reasonable written request, the other Party will provide the requesting Party with the
information that it has regarding Safari Skies’s personal information and its processing that is necessary
to enable the requesting Party to comply with its obligations under this clause and applicable laws. The
requesting Party will reimburse the other Party for its reasonable charges for its assistance.
17.6. Both of the Parties will take reasonable precautions (having regard to the nature of each of their
obligations under the agreement), to preserve the integrity of their personal information and prevent
any unauthorised access, corruption or loss of their personal information. Both Parties will implement
appropriate technical and organisational security measures to make sure that the level of security is
appropriate to the risks to the personal information in terms of applicable data protection laws, taking
into account the:
17.6.1. state of the art (being the most recent level of development of technology of security measures
at that particular time);
17.6.2. implementation costs;
17.6.3. processing nature, scope, context and purposes; and
17.6.4. varying risks to people’s rights and freedoms in terms of likelihood and severity.
17.7. Safari Skies agrees that Payfast’s records are provisional (prima facie) evidence of the services
provided by Payfast to Safari Skies.
17.8. On termination of the Agreement each Party will return to the other Party in the form in which it
was received all of the other Party’s personal information provided to the Party for the purpose of
performing the relevant order.
17.9. Payfast has the right to access Safari Skies’s personal information held by Safari Skies.
Safari Skies shall grant Payfast such access during office hours within a reasonable time after receiving a
written request for access.
17.10. Each Party indemnifies the other and holds them harmless against all claims, actions, third party
claims, losses, damages and expenses that the other party incurs arising out of a breach of this
Agreement or applicable data protection laws by the indemnifying Party, provided that:
17.10.1. each Party provides the other with a notice of the claim promptly after receiving it;
17.10.2. the indemnified Party gives the indemnifying Party the right to control the defence;
17.10.3. the indemnified Party will provide the indemnifying Party with reasonable assistance as
necessary; and
17.10.4. the indemnified Party will avoid admission of liability.
17.11. Notwithstanding, and in addition to any obligations and/or warranties contained in this
Clause 16.12. where the Merchant operates within the European Union or where Safari Skies operates
outside the European Union but offers goods or services, or monitors the behaviour of European Union
Data Subjects, then the Merchant must comply with the European General Data Protection Regulation
(GDPR).
17.12. Payfast, in its role as responsible party and operator, is PCI DSS, POPIA and GDPR compliant.
Further information can be obtained from our website, and any queries relating to Payfast’s POPIA
policies can be directed to privacy@network.global
17.13. Only where the Merchant is seen as a controller or joint-controller under GDPR then, taking into
account the nature, scope, context and purposes of processing as well as the risks of varying likelihood
and severity for the rights and freedoms of European Union Data Subjects:
17.13.1. Safari Skies shall implement appropriate technical and organisational measures to ensure and
to be able to demonstrate that processing is performed in accordance with GDPR Policies, such
measures shall also include the implementation of appropriate data protection policies by Safari Skies;
17.13.2. adherence to approved codes of conduct as referred to in GDPR Policies may be used as an
element by which to demonstrate compliance with the obligations of Safari Skies;
17.13.3. Safari Skies maintains that it is its own responsibility to ensure, where applicable, requisite
GDPR compliance and it is in no way the duty of Payfast to advise the Merchant on GDPR related
matters.
18. JURISDICTION
18.1. This Agreement shall be governed by the laws of the Republic of South Africa.