Terms & Conditons
Below are all the clauses of the Agreement. Please note that a hard copy will be sent to you by E-mail for you to sign and return to me. The clauses below form a legal binding contract.
Agreement entered into between The Tour Operator and The Tourist Guide:
A. The Tour Operator carries on business as a tour operator, offering various tourism related services to its clients, including but not limited to guided tours, transfers and transport; and
B. The Tourist Guide has the requisite skills, knowledge and ability to deal with inter alia guided tours, meet and greets, transfers and transport, hereby collectively known as “the Service(s)”; and
C. The Parties are desirous of entering into an agreement recording and regulating the terms and conditions under which the Tourist Guide will act as a driver or guide or driver guide for the Tour Operator within the Republic of South Africa and/or its neighbouring countries.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1.1 The Tour Operator hereby appoints the Tourist Guide as an independent driver or guide or driver guide to operate as such on its behalf, and to render to it the services set out in clauses (3.1) and (3.2) below, within the Republic of South Africa in the regions the Tourist Guide is licenced to operate.
1.2 Nothing in this agreement shall be construed as consisting a partnership or an employment relationship in any shape or form between the Tour Operator and the Tourist Guide nor shall anything in this agreement be construed as authorising the Tourist Guide to incur any liability on behalf of the Tour Operator as well as its affiliates or its clientele.
1.3. The terms of this Agreement do not alter in any form by any other contracts drawn up with the Tourist Guide and will always supersede any other drawn up agreement.
1.4 The Tourist Guide reserves the right, at his discretion, to accept or decline any job offers from the Tour Operator without prejudice or any obligation by the Tour Operator to do so.
This appointment is subject to the following qualifications:
2.1 The Tour Operator has acknowledged that the Tourist Guide is registered under the regulations of CATHSSETA (Culture, Art, Tourism, Hospitality and Sport Education and Training Authority) for the regions related to the appointment, in accordance with The Tourism Act of 2014 chapter 6 2.2.
2.2 The Tour Operator has acknowledged that the Tourist Guide acting as a driver or driver guide possesses a valid Driver’s License code EB (code 8) with a Professional Public Drivers Permit (PrDP) code G,P which refers to the authorised operation of a vehicle seating up to 12 (twelve) passengers, including the driver.
2.3 The Tour Operator has acknowledged that the Tourist Guide possesses a Level 1 (one) First Aid Certificate registered with the Department of Labour in accordance with the Occupational Health and Safety Act of 1993 CI580.
3. PERIOD OF THE APPOINTMENT
3.1 This appointment is valid:
3.2. The Tour Operator shall send an E-mail request of the start and finish dates required for the appointment to the Tourist Guide and ensure that the Tourist Guide is available to provide his Services on the requested appointment dates. Under no circumstances will the Tour Operator consider their request as a confirmed appointment until an E-mail confirmation has been sent by the Tourist Guide.
4. FEES AND PAYMENT
4.1 The fees applicable, as agreed, are as per Annexure A attached. These fees are valid in the calendar period indicated in Annexure A and may only be revised by written agreement between both Parties.
4.2 The Tour Operator may not take any deductions from the fees of the Tourist Guide with exception to the relevant revenue taxes stipulated by the South African Revenue Service (SARS).
4.3 The Tour Operator agrees to pay the total sum of tour expense funds to the Tourist Guide no later than 48 (forty-eight) hours prior to commencement of the appointment. The Tour Operator has the option to pay the funds of the tour expenses into the Tourist Guides account (to be provided) whereby the Tour Operator will be liable for any transaction/withdrawal costs incurred to access those funds through the Tourist Guides bank account. The Tour Operator may alternatively opt to supply the Tourist Guide with a credit card linked to the Tour Operators expense account for such purposes. For security reasons the Tourist Guide reserves the right not to accept these funds from the Tour Operator in the form of cash.
4.4 The Tourist Guide will invoice the Tour Operator in respect of services rendered, for payment within 7 (seven) days after completion of the tour.
4.5 The Tour Operator shall settle the fees within 7 (seven) days from receipt of the invoice.
4.6 Should any unforeseen circumstances or Force Majeure, such as but not limited to; war, insurrection, riots, strikes, fire, earthquakes, drought, floods, extreme weather conditions, company bankruptcies, future laws, rules, regulations or acts of government interrupt the tour after commencement of the appointment, the Tour Operator will still be liable to pay the Tourist Guide the fees for services rendered up to the date of interruption without any penalties and/or deductions.
4.7 Should the clients of the Tour Operator fail to appear (NOSHO) on the time, date or location of their tour or transfer without notifying the Tourist Guide in advance, the Tour Operator will be liable to pay the Tourist Guide the full-Service fees without any penalties and/or deductions.
4.8 Should the Tour Operator fail to settle any account on time, is in arrears or is persistently late with payment, the Tourist Guide reserves the right to terminate this Agreement and suspend his Services with immediate effect and without prior notification. The Tourist Guide will furthermore not be held liable for any incidental or consequential damages the Tour Operator may suffer as a result of immediate cancellation.
5. DRIVER AND TOURIST GUIDE ALLOWANCES
5.1 The following allowances are claimable by Tourist Guide during the appointment:
5.1.1 Meal allowances: A maximum meal allowance per day to cover breakfast, lunch and dinner as detailed on Annexure B is applicable. Should an accommodation reservation be made on behalf of the Tourist Guide including any of the above, he will be entitled to the balance of the allowance per day not covered by the aforesaid reservation.
5.1.2 Mobile phone allowances: A maximum phone usage allowance per day to cover costs for phone calls, texts, E-mails to the Tour Operator and/or respective suppliers on the itinerary, and data usage costs in keeping the mobile phone accessible to the Tour Operator and its suppliers as detailed on Annexure B.
5.1.3 Sundry expenses: related to the tour itinerary such as, but not limited to: fuel costs, road toll fees, vehicle cleaning costs, parking fees, entrance fees, airport porterage fees, hotel porterage fees, refreshments for the clients, postage fees for any documentation on behalf of the Tour Operator and/or its clients. The Tourist Guide shall provide a receipt for the sundry expenses as applicable.
5.2 The allowances mentioned above in (5.1.1) and (5.1.2) as well as the sundry expenses mentioned in (5.1.3) shall be paid to the Tourist Guide no less than 48 (Forty-eight) hours prior to the commencement date of the appointment in cash or by EFT (electronic funds transfer) into the Tourist Guide’s account. Should the Tour Operator pay the cash advance to the Tourist Guide by EFT, the Tour Operator shall provide a funds transfer receipt by E-mail to the Tourist Guide.
5.3 The Tour Operator shall pay the cash advance mentioned above in (5.1.1), (5.1.2) and (5.1.3) in addition to the 25% booking deposit. Under no circumstances shall the Tour Operator use any portion of the 25% deposit as the cash advance for the tourist guide allowances.
5.4 All rates applicable to the above will continue unless agreed otherwise and reduced to writing and signed by the Parties.
6. COMPANY FUNDS
6.1 The Tourist Guide may be issued with funds, in the form of cash, credit cards or any negotiable instrument, for the purpose of paying suppliers, as directed by the Tour Operator, for services such as meals, entrance fees, porterage, etc. These funds will be used solely for the specified purposes.
6.2 All expense returns, together with the relevant supporting documents and receipts, together with any remaining funds, will be submitted by the Tourist Guide to the Tour Operator not later than 48 (Forty-eight) hours after the termination of a specific job. These returns are required to be clear and correct.
6.3 The Company reserves the right to deduct from the fee payable to the Tourist Guide the amount of any shortfall in funds issued to the Tourist Guide proven to be so.
7. VEHICLE SUPPLIED BY THE COMPANY
7.1 The Tour Operator will supply, at its own cost, the Tourist Guide with the appropriate vehicle to enable the Tourist Guide to render the required services in terms of clauses (3.1) and (3.2) above.
7.2 The Tour Operator shall ensure that the aforesaid vehicle supplied will be roadworthy, have all the necessary road transport permit(s), the necessary passenger liability insurance, vehicle liability insurance including windscreen and tyre cover, and all necessary equipment to perform the services required. The Tour Operator is required, when the appointment commences, to compile a checklist on which all markings, dents and scratches to the vehicle at such time must be noted and a checklist with all the equipment furnished. This checklist must be approved and signed by the Tourist Guide. Should the Tour Operator fail to provide the aforesaid checklist, the Tourist Guide shall not be held liable for any loss, damages and/or claims by the Tour Operator and/or its third-party vehicle supplier(s).
7.3 The Tourist Guide will not be obliged to accept any insurance claim excesses, regardless of criteria, over and above the value of R2,000.00 per vehicle per tour. The Tour Operator and its third-party vehicle supplier declare that their vehicle has the adequate insurance coverage for all circumstances, regardless if the claim is a result of negligence of the Tourist Guide or another third party. The Tour Operator and/or its third-party vehicle supplier will not expect any further compensation from the Tourist Guide nor hold the Tourist Guide liable for any further excess claims.
7.4 It is the responsibility of the Tour Operator and its third-party vehicle supplier to ensure that all emergency tools, spare parts and spare microphone/headset are supplied in the vehicle before departure.
7.5 The Tourist Guide will check and control the above-mentioned equipment in (7.3) and determine if the equipment is compatible with the vehicle to be used. If it is not, the Tour Operator must furnish the Tourist Guide with equipment that is compatible with the vehicle to be used.
7.6 The Tour Operator will furnish the Tourist Guide with an emergency road assistance contact number in the event the vehicle has a breakdown or needs assistance during the appointment.
7.7 Should the Tour Operator provide the aforesaid vehicle from a third party, the same terms and conditions mentioned in (7.1), (7.2), (7.3), (7.4), (7.5) and (7.6) will apply.
8. GENERAL RESPONSIBILITIES OF THE TOURIST GUIDE
8.1 The Tourist Guide is required to report for each trip on time to conduct all necessary checks and receive all necessary instructions.
8.2 The Tourist Guide is required to ensure that all instructions received from the tour consultant regarding the program and the excursion cost sheet are adhered to.
8.3 The Traffic Regulations regarding speed and road safety are to be strictly adhered to, as well as any specific rules of the Tour Operator which are to be communicated to the Tourist Guide in writing prior.
8.4 The Tourist Guide is required to work in the interests of the Tour Operator and to uphold its image at all such times and not discuss with clients any of the Tour Operator’s policies, procedures or internal relations.
8.5 Any additional services requested by the Tour Operator’s clients and passengers must be sanctioned by the relevant authorised Tour Operator employee.
8.6 The Tourist Guide is under no circumstances to abuse any hospitality offered either by suppliers or clients.
8.7 The Tourist Guide may not indulge in any drinking of alcoholic beverages is permitted whatsoever when on driving duties.
8.8 The Tourist Guide is required to take all necessary and reasonable precautions to ensure the safety of passengers at all times.
8.9 The Tourist Guide is required to be courteous, helpful and efficient at all times.
8.10 The Tourist Guide is to adhere to and uphold the Code of Conduct applicable to Tourist Guides at all times.
9. GENERAL RESPONSIBILITIES OF THE TOUR OPERATOR
9.1 The Tour Operator shall send an E-mail request of the start and finish dates required for the appointment to the Tourist Guide and ensure that the Tourist Guide is available to provide his Services on the requested appointment dates. Under no circumstances will the Tour Operator consider their request as a confirmed appointment until an E-mail confirmation has been sent by the Tourist Guide.
9.2 The Tour Operator is required to ascertain that all necessary details and instructions on the services to be performed are clearly explained in writing to the Tourist Guide e.g. in relation to funds, itinerary, routes, addresses and venues.
9.3 The Tour Operator is required to ascertain that all special requirements of its clients are clearly explained in writing to the Tourist Guide.
9.4 The Tour Operator is required to ascertain that its instructions, policy procedures and relevant information on emergencies are clearly explained in writing to the Tourist Guide.
9.5 The Tour Operator is required to provide its 24-hour emergency contact telephone number to the Tourist Guide and this number shall always be answered promptly, when and if required for the purpose of any emergencies relating to its clients or itinerary.
9.6 The Tour Operator is required to ensure that all documentation (e.g. vouchers and tickets), given to the Tourist Guide regarding the program and the excursion cost sheet are correct and checked by their tour consultant and/or supervisor(s) prior to handover to the Tourist Guide.
9.7 The Tour Operator is required to courier or E-mail the itinerary and necessary documentation for the tour to the Tourist Guide no later than 5 (five) days prior to the commencement of the appointment. The postage or courier of documents to the Tourist Guide will be at the cost of the Tour Operator. The Tour Operator will be responsible to ensure that there is sufficient time to post/courier the docs to the Tour Guide. Any documents that need to be returned to the Tour Operator by post or courier will also be at the cost of the Tour Operator.
9.8 Should the Tour Operator require the Tourist Guide to wear a uniform, the Tour Operator agrees to supply new and unused uniform(s) at its own cost. Under no circumstances will the Tourist Guide be expected to wear any uniforms that were previously worn by other persons and/or do not afford enough comfort or protection from the weather elements.
9.9 The Tour Operator agrees to cover all transportation costs of the Tourist Guide should the starting and ending point of the appointment occur outside the Tourist Guide’s residing city, province or country.
9.10 The Tour Operator agrees to provide pre-night and post-night accommodation(s), at its own cost, for the Tourist Guide should the starting and ending point of the appointment occur outside the Tourist Guide’s residing city and/or province.
9.11 The Tour Operator will ensure that the Tourist Guide’s accommodations are booked separate to those of staff and drivers and that the accommodations are of an acceptable standard with regards to cleanliness and safety.
9.12 The Tour Operator will duly inform its clients participating in the tour of the gratuity policies, safety procedures and required travel documents; always inform their clients to be responsible for their property and possessions. Should the Tour Operator make any last-minute changes to the accommodations or itinerary, the Tour Operator will immediately inform the Tourist Guide and its clients of the changes.
10. GRATUITIES AND COMMISSIONS
10.1 Any gratuities handed to the Tourist Guide are property of the Tourist Guide. The Tour Operator, its suppliers, clients and affiliates will have no claims on any gratuities handed to the Tourist Guide.
10.2 Should the Tour Operator request the Tourist Guide to book extra activities/excursions for its clients that are not included on the Tour Operator’s tour itinerary, and the Tour Operator’s clients need to pay for these activities/excursions in addition to their tour itinerary, the Tourist Guide reserves the right to claim the full commission(s) from those supplier(s) with whom the Tourist Guide makes the reservation(s).
11.1 This appointment may be terminated by either party by giving the other party notice in writing to such effect, on not less than 30 (thirty) days’ notice, same which must be prior to the commencement date of the appointment without penalty. Cancellation within 30 days of the commencement date of the appointment by either party will result in a cancellation fee equal to 25% of the guiding fee in terms of the appointment being payable by the cancelling Party.
11.2 In the event the Tourist Guide cancels the appointment due to sudden illness, injury, or bereavement, the Tourist Guide will find a suitable replacement tour guide to take over the appointment and return any cash advance paid to him to the Tour Operator prior to commencement of the appointment. Should a suitable replacement tour guide be accepted by the Tour Operator to take over the appointment, the Tour Operator will not expect any cancellation fee as stipulated in clause (11.1) or any further compensation from the Tourist Guide, due to the circumstances being out of the control of the Tourist Guide and that the appointment has been fulfilled with a suitable candidate.
The Tour Operator hereby indemnifies the Tourist Guide against all claims made against the Tourist Guide by inter alia any clients or suppliers of the Tour Operator in all cases of the Tourist Guide performing in terms of this agreement.
13. TRAFFIC FINES
13.1 The Tour Operator may claim from the Tourist Guide the amount of any traffic fines incurred by the Tourist Guide while operating the Tour Operator’s vehicle. However, it is hereby agreed by the Tour Operator that any traffic fines issued to the Tourist Guide must be in the form of an official notice from the Traffic Department and contain the following criteria:
vehicle registration/license plate number
an official Traffic Department notice number.
Failure to provide all the above aforesaid criteria from the Traffic Department will be deemed as an unofficial and invalid traffic fine and the Tourist Guide reserves the right to decline any claims made by the Tour Operator. The Tourist Guide will also accept no liability for fines incurred by the Tour Operator’s staff, appointed drivers and/or third parties operating the vehicle on behalf of the Tourist Guide.
13.2 The Tourist Guide will accept no liability for traffic notices/fines issued to the Tour Operator’s vehicle(s) due to invalid roadworthy certificates, invalid papers and/or expired licenses. This always remains the responsibility of the Tour Operator irrespective if the Tourist Guide failed to notice these criteria when the vehicle was handed over to him.
13.3 It remains the responsibility of the Tour Operator to post or E-mail the traffic fine to the Tourist Guide at the time of issuance from the Traffic Department. The Tourist Guide will not be held liable for any payment delays or extra administration fees.
13.4 The terms and conditions in clauses (13.1), (13.2) and (13.3) also apply to vehicles provided by third parties on behalf of the Tour Operator.
14. CUSTOMER FEEDBACK
14.1 The Tourist Guide endeavors to provide the best service to the clientele of the Tour Operator. The Tour Operator acknowledges that the when working with groups, it may not always be possible for the Tourist Guide to satisfy the requests of all the participants. The Tour Operator gives the Tourist Guide full jurisdiction to conduct the tour of his best ability and judgement.
14.2 The Tourist Guide works with strong principles based on trust, integrity and communication. Should any difficulties or complaints arise, the Tour Operator will allow fair opportunity for the Tourist Guide to provide a report and present facts on the complaint and refrain from making any assumptions or accusations. The Tour Operator may not withhold payment to the guide during or after services are rendered due to complaints made by the tour participants.
14.3 The Tourist Guide reserves the right to claim damages from the Tour Operator caused by false rumours, negative publicity, negative references, negative broadcasting in any written or verbal form against the Tourist Guide’s profession, business, Facebook profile, TripAdvisor, website www.stephancapetown.com and/or any other tour guide feedback media.
14.4 The clients of the Tour Operator may not smoke, eat, consume alcohol, play unauthorized audio equipment inside the tour vehicle nor interfere with the Tourist Guide’s driving and duties at any time while the Tourist Guide is conducting the tour. Repeat offenders will be reprimanded and reported to the Tour Operator.
15. CANCELLATION & COMPENSATION OF SERVICES DUE TO UNRULY CONDUCT
15.1 The Tourist Guide reserves the right to cancel his Services immediately with compensation should the clients of the Tour Operator, its staff, affiliates and/or third parties conduct abusive and unruly conduct towards the Tourist Guide and whereby no assistance is provided by the Tour Operator to diffuse the situation. Further which the Tour Operator will not expect any compensation from the Tourist Guide nor hold the Tourist Guide liable for incidental or consequential damages it may suffer because of cancellation.
16. RESTRAINT OF TRADE
16.1 The Tourist Guide offers his Services on a freelance basis and reserves the right to provide his Services to any individual or organisation at his consent at any time without consequence of restraint of trade imposed by the Tour Operator or any other individuals or organisations.
17.1 The Schedule(s) form part of this Agreement and shall have the same force and effect as if set out in the body of this Agreement and references to this Agreement include the Schedule(s).
17.2 The headings of this Agreement shall not affect the interpretation of this Agreement.
17.3 Any indulgence by one party to another shall not prejudice the rights of that party under this agreement, nor be deemed to be a novation hereof or a waiver of that party's rights against the other.
17.4 This agreement constitutes the entire agreement between the Parties with regards to the various matters contained herein, and all prior oral or written representations, undertakings or agreements are hereby cancelled by the signing hereof.
17.5 No variation, modification, waiver or consensual cancellation of any provision of this agreement or consent to any departure therefrom (including this sub-clause), shall be of any force or effect unless the same shall be confirmed in writing and signed by the Parties.
17.6 The Parties agrees that neither shall not cede, delegate, assign or transfer or purport to assign or transfer or cede or delegate any of its rights or obligations under this Agreement without the other Party’s prior written consent which shall not be unreasonably withheld.
18. NOTICES AND INFORMATION
18.1 Any notice or other communication under or in connection with this Agreement shall be in writing and shall be delivered personally or sent by E-mail, to the Party due to receive the notice and to the address and E-mail address specified below in clause (18.2).
18.2 The address and E-mail address of each of the Parties and the person or persons for whose attention each notice or other communication should be marked are as follows: -
18.2.1 the Tour Operator:
18.2.2 the Tourist Guide:
18.3 Any notice or other communication delivered or sent in accordance with sub clauses (15.1) and (15.2) above shall be deemed to have been duly given:
18.3.1 if delivered personally, at 10 a.m. local time in the place of receipt on the 1st (first) Business Day after being left at the address referred to in sub-clause (15.2) above;
18.4 The Parties shall co-operate to provide each other with copies of all invoices, tax notices, documents and other information relating to this Agreement as either Party may reasonably request of the other.
TOURIST GUIDE SERVICE FEES
(Effective from 01 January 2019 until 31 December 2019)*
DAY TOUR (Garden Route only)
ZAR950.00 per day GUIDE ONLY
ZAR1050.00 per day GUIDE & DRIVE
DAY TOUR (Cape Town, Cape Winelands, Overberg & elsewhere)
ZAR1250.00 per day GUIDE ONLY
ZAR1400.00 per day GUIDE & DRIVE
ZAR1500.00 per day GUIDE ONLY
ZAR1650.00 per day GUIDE & DRIVE
PLEASE NOTE: If the Tourist Guide is on an Overland Tour and the visitors have a day off or afternoon at leisure, the Tourist Guide is still considered to be on “stand-by” and must be paid in full for that day.
* - rates are subject to increases after the expiry date.
TOURIST GUIDE ALLOWANCES
(Effective from 01 January 2019 until 31 December 2019)*
MOBILE PHONE ALLOWANCE ZAR50.00 per day
LUNCH ALLOWANCE ZAR150.00 per day
DINNER ALLOWANCE ZAR250.00 per day
BREAKFAST ALLOWANCE** ZAR250.00 per day
PORTERAGE ZAR10.00 per person
* - rates are subject to increases after the expiry date.
** - breakfast allowances to be provided only if accommodation for the guide does not provide this with their reservation.