Valid for calendar year
For visits to destinations in the Thornybush Nature Reserve:
For visits to destinations in the Sabi Sand Wildtuin:
It is the guests’ sole and absolute responsibility to ensure that they have adequate and suitable comprehensive travel and medical insurance in place to cover themselves, as well as any dependents | travelling companions. This insurance should include cover in respect of, but not limited to, the following eventualities: cancellation or curtailment of the booking, emergency evacuation expenses, medical expenses, hometown repatriation expenses, damage and/or theft / and/or loss of personal property, baggage, money, and goods. Thornybush, their representatives, directors, officers, employees, and agents will not be responsible for any damage, loss, costs or expenses incurred or suffered by the guest, or guest’s dependents or travelling companions, as a result of or in connection with any of the abovementioned events. Guests will be charged directly by the relevant service providers for any emergency services they may require and may find themselves in a position unable to access such services should they not be carrying the relevant insurance cover.
In the event that either party cannot perform its obligations in terms of this agreement due to any reason out of its control, including but not limited to; force majeure, acts of God, travel bans and restrictions imposed by a competent authority or the government of the Republic of South Africa, both parties will be excused from any obligation in terms of this agreement in respect of only the affected reservation/s.
“Thornybush Intellectual Property” means all intellectual property owned by Thornybush including (without limitation), all rights of copyright and related rights (such as copyright vesting in programming, algorithms, methods, methodologies, models, procedures, processes, techniques, analyses, templates, technical information, plans and procedures, marketing and business information, financial information, generalised features of the structure, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines and logic, coherence and methods of operation systems, research, reports and findings), object code; source code, database rights, concepts, discoveries, ideas, trade marks (including the THORNYBUSH, SASEKA, SIMBAMBILI and KAMARA trade marks), domain names (including thornybush.com and thorybush.co.za) and related goodwill, know-how and trade secrets.
For purposes of this clause, the following terms shall have the following definitions:
“Best Industry Practice” includes, in relation to an obligation, undertaking, activity or a service, the exercise of a degree of skill, speed, care, diligence, judgement, prudence and foresight and the use of practices, controls, systems, technologies and processes, which would be expected from a skilled, experienced and market leading service provider that is an expert in
performing the same or similar obligation, undertaking, activity or service and utilising and applying skilled resources with the requisite level of expertise;
“Company Data” means any data, including any information which may be treated or defined as “personal information” in terms of any Data Protection Legislation, supplied to or acquired by Thornybush or its personnel by or on behalf of the Company, or Processed by or on behalf of the Company or its personnel.
“Data Protection Authority” means any regulator or competent authority with jurisdiction or authority over the Processing of Personal Information under or in connection with this agreement.
“Data Protection Legislation” means any data protection or data privacy laws applicable in the Republic of South Africa from time to time, including but not limited to the Protection of Personal Information Act 4 of 2013, the Promotion of Access to Information Act 2 of 2000, the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008 and the Cybercrimes Act 19 of 2020;
“Data Subject” means each identified or identifiable (whether directly or indirectly) juristic or natural person to whom any Personal Information relates;
“Personal Information” means information relating to any person, including but not limited to: (i) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; (ii) information relating to the education or the medical, financial, criminal or employment history of the person; (iii) information relating to the financial affairs of the person; (iv) credit card details and transactional data; (v) any identifying number, symbol, email address, physical address, telephone number or other particular assignment to the person; (vi) biometric information about a person; (vii) personal opinions, views and preferences of a person; (viii) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (ix) the views or opinions of another individual about the person; (x) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; and (xi) any other information which may be treated or defined as ‘personal information’ in terms of any applicable laws, including Data Protection Legislation;
“Process” means to collect, receive, record, organize, collate, store, develop, retrieve, consult, use, disseminate or perform any other act or action, including any other act or action which may be treated or defined as “process” or “processing” in terms of any applicable laws (including Data Protection Legislation). The word “processed” shall have a corresponding meaning;
“Responsible Party” shall have the meaning given in the applicable Data Protection Legislation; and
“Thornybush Data” means any data, including any information which may be treated or defined as “personal information” in terms of any Data Protection Legislation, supplied to or acquired by the Company or its personnel by or on behalf of Thornybush, or Processed by or on behalf of Thornybush or its personnel.
Thornybush acts as an agent only in securing services outside of our own lodges and therefore cannot be held liable for any loss, damage, injury, accident, delay, or any other irregularity that may occur by suppliers other than Thornybush.
Either party shall be entitled to, without prejudice and in addition to any rights which they may have in terms of this agreement or in terms of the law of the Republic of South Africa, terminate this agreement with immediate effect or uphold this agreement and in either event to claim such damages as it may have suffered in the event that the other Party:
Either party has the right to terminate this agreement by giving the other party not less than thirty days written notice. Such notice shall not prejudice any rights which may exist prior to or during such notice period, during which both parties shall remain committed to fulfil any and all obligations in terms of this agreement.