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Africa Adventure™ Membership - Terms and Conditions
Promotion of Access to Information Act Section 51 Manual for Private Bodies
Africa Adventure™ Trademark registrations
Africa Adventure™ Membership - Terms and Conditions
Africa Adventure™ is a Destination Marketing Organisation offering companies within the tourism industry of Southern Africa to promote their services to the traveller. Members using our services are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, the placement of information on Africa Adventure™ internet sites or any other Africa Adventure™ publication is an acknowledgement that the member has read and understood this agreement, and that the member agrees to be bound by the terms and conditions below. If the member does not wish to be bound by these terms and conditions, the interested party should not proceed to join Africa Adventure™ as a member.

The yearly membership fee is payable in full in advance or monthly via Debit Order. Africa Adventure™ reserves the right to increase its membership fees at 10% maximum per year. Once the membership fee has been paid, the member receives a membership certificate and a Tax Invoice. The membership to Africa Adventure™ includes a web advertisement on both, Africa Adventure’s™ German and English websites. The information used for this web advertisement has to be provided by the member. The member's web advertisement includes a maximum of 4 graphics, 200 words of text and the contact details of the member.  Updates on this information are free of charge. The contact form and E-mail link on the web advertisement are linked directly to the member's E-mail address and therefor the members E-mail address will not be listed. It will be the members sole responsibility to measure the referrals, inquiries and bookings made through Africa Adventure’s™ websites. The members own Internet address will not be listed.

The member understands that any other services such us the publishing of the printed Africa Adventure™ Travel Directory, the exhibition on national and international trade shows and the advertising in national or international magazines forms not part of the membership agreement. It is in Africa Adventure™ sole discretion to decide to print or not to print and when to print the Africa Adventure™ Travel Directory, to exhibit or not to exhibit on national or international trade shows as well as to advertise or not to advertise in national or international magazines.

The subscription with Africa Adventure™ is valid for 12 months and will be automatically renewed for another 12 months until cancelled by the customer in writing, four weeks prior the renewal date. Any Debit Order arrangements can be cancelled with giving 30 days written notice. The member understands that the member shall not be authorised to any refund of amounts, which Africa Adventure™ may have withdrawn while the debit order authority was in force if such amounts legally owed to Africa Adventure™. 

The member understands as well that a cancellation of the debit order authority does not change the status of the member’s valid membership agreement and that the member will oblige to it by paying the balance of any outstanding membership fees within the notice period.

The member may use Africa Adventure™ services only for lawful purposes. Any use of these services which violates any local, national or international laws which may apply to Africa Adventure™, the member’s local jurisdiction, or any jurisdiction that the member may be subject to is strictly prohibited. 

The member agrees to indemnify, defend, and hold harmless Africa Adventure™ from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from the membership which damages either the member, Africa Adventure™, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your membership to Africa Adventure™.

Africa Adventure™ reserves the right to refuse or discontinue service to anyone at Africa Adventure™ sole discretion. Africa Adventure™ may deny you access to all or part of the service without notice if you engage in any conduct or activities that Africa Adventure™ in its sole discretion believes violates any of the terms and conditions in this agreement. Africa Adventure™ shall have no responsibility to notify any third-party providers of services or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Africa Adventure™ has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Africa Adventure™ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. 

Africa Adventure™ makes no warranties or representations of any kind for the services being offered. The service is provided without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or fitness for a particular purpose. No advice or information given by Africa Adventure™ or its agents or employees shall create a warranty. Africa Adventure provides no warranty that the service will be uninterrupted or error free. 

The member understands that by placing information on Africa Adventure™ websites, that such information becomes available to all Internet users and that Africa Adventure™ has no way of limiting or restricting access to such information or protecting such information from copyright infringement. It is solely the member’s responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information provided through Africa Adventure™. 

The member agrees, to supply Africa Adventure™ with a current and truthful name, postal address and telephone number for our records, and the member has a continued obligation to keep this information current. 

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

Promotion of Access to Information Act Section 51 Manual for Private Bodies
PAIA Manual for: 
Africa Adventure Tourist Information CC

Contents

1. Introduction 
2. Contact and Information Officer Details
3. Section 10 Guide to how to use the Act 
4. Records available in terms of any other legislation
5. Access to the records held by the Entity
....i Information & records available without request
....ii Records that may be requested 
6. Request Procedures & Fees
....i. Form of request
....ii. Fees
7. Other information as may be prescribed
8. Availability of the manual

1. Introductionback to contents

Africa Adventure Tourist Information CC is a Close Corporation (hereafter called the CC).  The Managing Member is Ms Enya A Fehler (hereafter called the Manager). 

We are a franchised tourism advertising operation promoting tourism in Southern Africa using various media such as brochures, internet, publications, etc. and offering marketing opportunities of our services to franchisees.

Our Services include: advertising of all information relevant to tourism in Southern Africa and assisting with bookings for clients wishing to travel to destinations in Southern Africa.

CC Registration Number:  1999/35328/23 
Income Tax Registration No.:  9421/008/07/0
Vat Registration No.:   4450182367
Bankers:    Standard Bank of South Africa Ltd

2. Contact & Information Officer Details back to contents

Contact Information for Africa Adventure Tourist Information cc
Postal Address :     P O Box 2455, Plettenberg Bay, 6600
Physical Address :    113 Robberg Road, Plettenberg Bay, 6600
Phone :    044 -533 52 11 
Fax :     044 - 533 52 12
Website: http://www.africa-adventure.organd http://members.africa-adventure.org
Electronic mail address :  info@africa-adventure.de

Information Officer

The information officer of Africa Adventure Tourist Information is Ms Enya A Fehler and she may be contacted as indicated above. 

3. The Section 10 Guide on how to use the Act back to contents

The guide on how to use the act will be available from the South African Human Rights Commission by August 2003. 

Please direct any queries to :

The South African Human Rights Commission
PAIA Unit
The Research and Documentation Department
Postal address : Private Bag 2700
Houghton
2041
Telephone : +27 11 484-8300
Fax :          +27 11 484 0582
Website :   http://www.sahrc.org.za
E-mail :      PAIA@sahrc.org.za

4. Records available in terms of any other legislation back to contents

The following records are available in terms of the relevant legislation pertaining to the business of the entity:

  • Basic Conditions of Employment Act 75 of 1997
  • Close Corporation Act No 69 of 1984
  • Labour Relations Act No 66 of 1995
  • Occupational Health and Safety Act No 85 of 1993
  • Promotion of Access to Information Act No 2 of 2000
  • Regional Services Act No 109 of 1985
  • Skills Development Act No 97 of 1998
  • Skills Development Levies Act No 9 of 1999
  • Trade Marks Act No 194 of 1993
  • Unemployment Insurance Act No 63 of 2001
  • Unemployment Insurance Contributions Act No 4 of 2002
5. Access to the records held by the Entity back to contents

i. Information available without request

Africa Adventure – Travel Directory – R50.00
Website http://www.africa-adventure.co.za
Website http://members.africa-adventure.org
ii Records held which must be requested
Financial documents and records
Regional Services Council records
VAT records
PAYE records
UIF records
Invoices
Monthly statements
Credit notes
Bank accounts – Standard Bank of South Africa
Cash records
Annual Financial Statements

Operational documents and records
Promotional material
Registered designs, patents and trademarks records
Product manuals
Work instruction manuals
Customer database
Contracts
Leases
Correspondence with customers
Sales records
Customer Complaint records
Quotations

Personal documents and records
Employment contracts
Salary records
Leave records
records relating to increases
Disciplinary records
Training records
Company policies
SETA records
Attendance registers
Provident Fund/Pension Fund
Unemployment Insurance
Medical Aid
Workman's Compensation records
Records of deductions

Information technology records
Licences
Software programs
Software applications
Computer generated databases 

6.  The Request Procedures & Fees  back to contents

i. Form of request

The requester must use the prescribed form to make the request for access to a record.  This must be made to the head of the entity.  This request must be made to the address, fax number or electronic mail address of the body concerned. (Section 53(1)).

The requester must provide sufficient detail on the request form to enable the head of the entity to identify the record and the requester.  The requester should also indicate which form of access is required.  The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed. (Section 53 (2)(a) and (b) and (c)).

If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the entity. (Section 53(2)(f)).


ii. Fees

A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee.  Every other requester, who is not a personal requester, must pay the required request fee.

The head of the entity must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request (Section 54(1)).

The fee that the requester must pay to the entity is R50.  The requester may lodge an application to the court against the tender or payment of the request fee (Section 54(3)(b)).

After the head of the entity has made a decision on the request, the requester must be notified in the required form.

If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure. (Section 54(6)).

The SAHRC’s website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”) contain the forms to furnish a request and the fee structure.

7. Other information may be prescribed  back to contents

The Minister of Justice and the Constitutional Development has not made any regulations in this regard.

8.  Availability of the Manual  back to contents

The manual is available for inspection at the following locations:

Africa Adventure™ Trademark registrations
Registered Trademarks:

African Adventures (07/1995)
Class 39 Registration No.: 95/0729
Class 42 Registration No.: 95/07293

Trademark applications:

Africa Adventures Globe Device application was made on 15 November 2000 through our Attorneys Dr. Gerntholz, Cape Town.
Application number for class 35 is 2000/22992
Application number for class 39 is 2000/22991

Other trademark applications have been filed through our trademark attorneys Dr Gerntholz and Cliffe Dekker both in Cape Town.

Africa Adventure (06/2002 & 01/2003)
Class 35 Application No.: 2002/06092
Class 39 Application No.: 2002/06093
Class 16 Application No.: 2003/00763

Africa Adventure i Café (10/2002)
Class 35 Application No.: 2002/16635
Class 39 Application No.: 2002/16636
Class 43 Application No.: 2002/18392

Africa Adventure Travel (11/2002)
Class 39 Application No.: 2002/18393

Africa Adventure – the greatest you can do (11/2002)
class 39 Application No.: 2002/18391

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Africa Adventure and Africa Adventure Travel are the registered trade marks of Africa Adventure Tourist Information cc
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