Sinfonia terms and conditions

A. In these terms and conditions (”the booking conditions”) the following words shall have the meanings given to them hereunder: The “Company” shall mean the owner of the Cruising Vessel. “cruisessa” shall mean Travel Africa Group,a General Sales Agent in South Africa for the Company. Cruisessa acts solely as Sales Agents in South Africa for the Company and not as agents for the company in any other capacity. The Company and not cruisessa shall be the carrier in terms of the contract of carriage.

B. The carriage of the passenger and his luggage shall be governed by the terms and conditions on the face and reverse of the Company’s passenger ticket to be issued prior to embarkation. A copy of the Company’s standard passenger ticket conditions is available for inspection on request. The passenger shall be bound by those terms and conditions and agrees that his acceptance of the ticket shall be deemed to be an acceptance of the terms and conditions contained herein. It is recorded that the terms and conditions of the passenger ticket incorporate the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (”The Athens Convention”). In terms of the Athens Convention the carrier’s liability for the loss of or damage to luggage and for any damages suffered as a result of the death or personal injury to a passenger, are limited as provided for therein, In any event, the company shall not be liable for any loss, injury or damage of whatsoever nature or inability to perform the contract of carriage or any part thereof arising out of or resulting from vis major or force majeure.

C. The contract of carriage shall be governed by the law of the country where the Company has it’s principal place of business.

D. The passenger agrees that any dispute, action or proceeding arising out of or in connection with the contract of carriage shall be brought before the courts of the country where the company has it’s principal place of business.

E. BOOKING CONDITIONS

Before you Book

Please read the section carefully - it contains information you should be aware of before you book your holiday.

To Make a Booking

Having established that space is available and on requesting your booking, a non-refundable deposit plus the mandatory insurance per person must be received within 72 hours, failing which cruisessa shall, in its absolute discretion, be entitled to cancel the booking. Confirmation of the booking by the passenger, or his agent, followed by a deposit will be considered as a consent to all provisions mentioned herein.

Balance of Fares

The balance of your tour fare including any currency or fuel surcharges levied by that time, after deducting the amount of your deposit, is due and payable not later than 60 (SIXTY) days prior to the departure of your holiday. The Company and/or cruisessa reserve the right to cancel the reservation within 8 weeks of departure if the full fare inclusive of all surcharges has not been received. The company and/or cruisessa reserves the right to retain all of the deposit to offset damages or loss of profit which results from late payments. If your reservation is made within 60 days of departure the full fare (inclusive of all surcharges) is due within 48 hours of making your reservation. The Company and/or shall at its or their absolute discretion, be entitled to cancel the reservation without further reference if the fare is not received. In addition to any increase in the fare levied prior to payment of the balance of the applicable fare at that time, the Company may within its sole discretion declare and levy an extraordinary surcharge in the event of an unforeseen increase in the ruling price of fuel occurring during the currency of a cruise, in which event the Company may debit the passenger’s on-board account with such extraordinary surcharge(s).

Validity

The contract of passage is valid only for the person (or persons) whose name appears on the ticket and for the sailing day indicated. The contract and ticket is/are not transferable.

Passage Fare

The passage fare as may have been advertised or quoted is simply the fare in force at the date of issuing the brochure. The Company reserves the right to increase the fare before the sailing of the vessel and the passenger in such case must pay the difference before embarking or shall have the right to cancel the contract forfeiting the non-refundable deposit paid to secure such booking. The advertised or quoted ticket fare appearing in any brochure or other publicity material, or included in the package price can be increased by the company within its sole discretion due to any circumstance beyond its reasonable control, including but not limited to the occurance of currency fluctuations, the increase in the ruling price of fuel at the place it may be or is likely to be stremmed, increases in air tickets, any kind of taxes, or any other kind of increase connected with the holiday, package or cruise.

Cancellation by the Company

If the Company cancels any cruise or voyage at any time, in whole or in part, its liability shall be limited in its absolute discretion to refunding that part of the fare attributable to the part of the cruise or voyage that has not been performed, or to transferring the passenger to another ship of similar, but not necessarily identical, class and type performing substantially the same cruise or voyage and provide thereon substantially similar accommodation and facilities as on the original ship.

Amending a booking

Passengers amending a booking will be charged according to the table below

Prior to Name Cruise

Prior to departure Name Change Cruise Change

60 Days & more Free Free

45 - 60 Days Free R400 pp

30 - 45 Days Free R600 pp

21 - 29 Days R200 pp R750 pp

20 Days or less R400 pp R1000 pp

Cancellation by the Passenger

The Passenger shall be entitled to cancel the booking by giving notice in writing to the General Sales Agents in which event he shall be subject to the cancellation charges as follows: Between 45-60 days 25% of the cruise fare. Between 30-45 days 50% of the cruise fare. Less than 30 days 100% of cruise fare. Deposits are in all instances non-refundable.

Passenger’s Responsibility

The Passenger shall be directly responsible to the Company for any penalties, inconveniences, fines and expenses which by his fault the Company incur or may be assessed by port authorities, customs, health offices or by any other officials or authorities whatsoever. The passenger shall be bound by any order issued by the Master of the vessel and shall submit if requested by servants or agents of the Company to a search of the passenger’s person or any luggage and goods.

Health of Passenger

Where a passenger in the sole opinion of the Company and/or its Port Agents and/or the Master of the ship is considered to be, or has become, unfit to travel for any reason whatsoever or is likely to endanger his health or safety or endanger the health or safety of or impair the comfort of others on board or seems likely to be refused permission to land at any Port, then that passenger may not be permitted to embark or may be disembarked at any Port, may be transferred from one berth to another or may have any drug, medicine or other substance administered through the ship’s doctor and/or his staff without liability to the Company for any consequential damage, loss, expense, loss of time or inconvenience and the Company shall not be required to repay any portion of a fare to any such passenger. Without limiting the foregoing, any passenger who assist or fails to report a stowaway shall be deemed to be unfit to travel.

Other Carriers

In making any arrangement for the care or transportation of any passenger other than by the ship named in this contract or for any shore excursion and transportation to or from shore and on land, the Company and/or cruisessa is acting solely in the capacity of agent for the persons or parties providing same, but does so on the express condition that no liability of any kind howsoever caused, including the negligence of any party inclusive of the servants or agents of the Company and/or Cruisessa shall attach to the Company and/or Cruisessa in connection with or arising out of such arrangements or in the execution of the care or transportation contracted for. The passenger agrees that any independent or third party contractors with whom the Company and/or Cruisessa so contracts provide their services subject to their usual standard terms and conditions.

Insurance

Neither the Company nor Cruisessa are responsible for any loss or damage to property or luggage howsoever arising, including in consequence of the negligence of their servants and contractors. The Passenger is obliged to hold personal travel insurance to the satisfaction of the Company and/or Starlight at the time of departure covering the entire period of the cruise. No Passenger may board the vessel without such insurance cover being in place and the existence of such cover is a condition precedent to the acceptance of any booking and is an absolute warranty by the Passenger in favour of Cruisessa and the Company. The Passenger shall produce a copy of the insurance policy prior to boarding the vessel and failure to do so will render the booking subject to immediate cancellation without compensation. The minimum terms of cover required are as specified on the Booking Reservation Form (”Mandatory Insurance Cover”).

Reservation Agents

The passenger agrees that the reservation agent is his agent and not the agent of the Company or cruisessa. Accordingly, all money handled by reservation agents is handled on behalf of the passenger and not on Cruisessa or the Company’s behalf. The risk of loss of and/or theft of the money shall be borne by the passenger until the money has been received by Cruisessa. In the event of the reservation agent signing the Booking Reservation form on behalf of the passenger, the passenger confirms and warrants the authority of the agent to do so and agrees to be bound by all the terms and conditions thereof. In addition the reservation agent in so signing the Booking Reservation Form warrants his/her authority to do so on behalf of the passenger and that the terms and conditions were drawn to the attention of the passenger.

Embarkation

cruisessa will send details of embarkation and flight arrangements together with other helpful information about 2 weeks prior to departure.

Passage Ticket

Passage Tickets will only be issued after due receipt by Cruisessa of the full fare.

F. It must be noted that the terms of the booking and as otherwise set out herein, will be superseded by the terms of the passenger ticket issued to the passenger as at the date of embarkation, unless as is inconsistent with that specific condition.

G. Landings. The company is entitled to substitute any advertised port of call if the master deems it necessary to do so. Landings at the advertised ports of call are weather dependent. The master of the vessel shall make the decision whether it is deemed safe to take passengers ashore.

H. Indemnity

In my capacity as a passenger on the vessel, I acknowledge that there is a risk involved in embarking and disembarking the vessel and accordingly confirm that I do so at my sole risk of any injury, death or other consequence, howsoever arising, including the negligence of any party, inclusive of the Company, Cruisesa or any of their servants or agents.

I hereby indemnify the Company and Cruisessa and hold you harmless against all losses, damage or harm howsoever arising (including the negligence of any third party, of the Company, or Cruisessa or any of their servants or agents) whether to my person

or my property in connection therewith. I warrant that I have full legal capacity to sign this indemnity, which is binding on myself and on my heirs, executors, trustees and assigns, and is signed on behalf of all persons appearing on this form.