Terms & Conditions


Preamble
; Move On Up cc t/a FUNKY FUNCTIONS, Registration Number 2003/070871/23 provides clients (you/your) with travel and/or other services on behalf of principals and/or other agents engaged in, or associated with the Travel Industry, including inter alia, boat and bus cruises, transport, fishing charters, tour operators, shipping companies, car hire and other providers of land, sea, in-land waterways or any other travel arrangements, products or services (collectively referred to as ‘Third Party Service Providers’). Funky Functions will provide you with the identity, terms and conditions of all Third Party Service Providers and it is your responsibility to familiarise yourself with such terms and conditions.

Authority; The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read and accepted the Conditions and to have the authority to do so on behalf of the person/company in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered. 

Destination Selection; You acknowledge that you have selected the itinerary and destination(s) constituting the booking based on information gleaned from brochures and/or the Internet. You also acknowledge that the information within such brochures and/or the Internet have been provided by the Third Party Service Providers. Accordingly Funky Functions cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or the Internet. Any right of recourse in that regard will be against the Third Party Service Providers.

Breakaways; While it is possible to break away from the itinerary, it is understood that such breakaways will be for your account.  

Conduct; You agree that you will at all times comply with Funky Functions’ or the Third Party Service Provider’s requirements in regard to your conduct and you will not in any way constitute a nuisance or a danger to any other passenger on the trip. It is also understood that any damages to boat, bus, resort, venue, or to any Third Party Service Providers property will be for your account. 

Special Requests; If you have special requests you must address such requests to Funky Functions in writing well before the function date. Whilst Funky Functions will use its best endeavours to accommodate such requests, it does not guarantee that it will. 

Weather; For safety reasons, cruising of any boat is at the discretion of the captain. Should weather conditions not be suitable the boat will remain docked, however the booking will still take place. Weather conditions do not constitute any ground for a cancellation and/or refund.

Bookings with Third Party Service Providers; Funky Functions represent Third Party Service Providers as agents only, and accordingly on receipt by Funky Functions of any request for a booking(s) in a brochure or tailored quote, Funky Functions shall transmit any such booking to the Third Party Service Providers concerned and endeavour to secure timeously all reservations and arrangements. All quotations or estimates provided by or bookings made with and/or all services rendered by or on behalf of Funky Functions are subject to these terms and conditions and that of any Third Party Service Providers. Third Party Service Providers may be acquitted from responsibility in that they act as agent themselves or have contracted out of liability, as may the ultimate principals such as hotels, car hire and coach operators, and it is therefore recommended that appropriate insurance be taken out for all parties (if applicable).?Funky Functions furthermore do not accept liability for any actions, errors or omissions on the Third Party Service Providers and/or their agents, which may be prejudicial to you or result in loss in any way or form whatsoever, including injury, illness, harm, trauma, death and/or loss of or damage to your belongings whatsoever and you indemnify Funky Functions accordingly. The conditions of the Third Party Service Providers shall constitute the sole contract between the Third Party Service Providers and you and any right of recourse you may have, will be solely against the Third Party Service Providers. 

Liability; Neither Funky Functions nor any holding, parent, subsidiary, affiliated or associated company or representative shall be liable for any injury, illness, harm, trauma, death and/or loss of or damage to you or your belongings whatsoever howsoever caused and you indemnify Funky Functions accordingly. Funky Functions, its employees and agents shall further more not be liable for any indirect and/or consequential loss or damages whatsoever even though this may be as a result of negligence on the part of a Funky Functions employee(s). 

Repayment will not be made if cancellation or change by Funky Functions or any Third Party Service Provider is brought about by unfavourable weather conditions, threat of war, riots, civil commotion, strikes, disaster, terrorist activities, technical problems with transportation or cancellation of scheduled services or any other events outside the businesses control.

Bookings, Change of Arrangements, Routes and Prices; "The booking" or "the reservation" refer to part, or all of the travel arrangements for transportation, boat cruises and other linked travel services made on behalf of a client with Third Party Service Providers, and excludes services of a peripheral nature. Any booking made by Funky Functions constitutes a form of contract between you and the Third Party Service Providers and is consequently subject to the terms and conditions of Funky Functions and such Third Party Service Providers’ conditions of agreement of business. Wherever possible, Funky Functions will endeavour to confirm the status of any booking in writing, but we may not always be able to do so. In such cases, failure to provide written confirmation shall not be considered to negate the validity and conditions of the booking or to constitute an act of negligence on behalf of Funky Functions. In the event of there being an unscheduled extension to the booking caused by, strike or any other cause that is beyond the control of Funky Functions, it is understood that expenses relating to these unscheduled extensions will be for your account.  

In the event that any Third Party Service Providers is unable to provide the service confirmed to you, Funky Functions policy is always to offer you alternative arrangements of similar classification, wherever possible in the same area. Whilst every effort is made to keep to published itineraries, Funky Functions reserves the right to make changes as are deemed necessary. In some cases, conditions may necessitate an alteration to the itinerary and this does not constitute any ground for a refund.

Funky Functions reserves the right to cancel any booking without prejudice, in the event of full payment or a deposit or part thereof not being received. The price quoted to you is based on fares, land costs and other relevant costs ruling at the date of Funky Functions’ quote. In the event of there being any increase in any of the aforegoing costs prior to the confirmation of the function, such variation shall be for your account and payable on request by Funky Functions. Confirmation will not be issued until such time that full payment is cleared by Funky Functions’ bankers. The onus will be on you to check that there have been no changes in the price prior to making full and final payment.

Payment and additional charges; A 50% deposit is required upon booking to confirm the booking. Final payment for any booking must be made14 days before the booking is scheduled to take place, unless specific arrangements have been made with Funky Functions and such arrangement confirmed in writing by Funky Functions. Final payment is based upon the quoted and confirmed price, less any deposit paid, plus any additional charges that may have been incurred.  

Any invoice and/or statement received by you shall be payable in full and no deduction or alteration may be made by you should all or any part of the services booked by Funky Functions be unused for any reason.

The only forms of payment accepted by Funky Functions are:

  • Direct deposit – cash only (deposit slips must be faxed or e-mailed to Funky Functions).
  • Cheques are not accepted.
  • Electronic funds transfer (proof of payment must to be faxed or e-mailed to Funky Functions)

Confirmation will only be issued once all funds have been cleared by Funky Functions’ bankers.

Cancellation; Funky Functions will undertake to endeavour to provide the services required by the customer, but in the event of cancellation of the booking for any reason whatsoever, partially or in full, by or on behalf of you, Funky Functions reserve the right to claim the services, administration, communication and cancellation charges which will inter alia depend on the debits Funky Functions receive from its suppliers.  

Funky Functions reserves the right to discontinue and summarily cancel any agreement in respect of which payment has fallen in arrears, and in the event of this right being exercised, the full balance still owing shall immediately become due and payable on demand. Any bookings cancelled after confirmation may be subject to the following cancellation fees;

  • · R1 500 - 60-30 days prior to function
  • · 50% of total cost of booking - 30-14 days prior to function
  • · 100% of total cost of booking - 14-0 days prior to function

Funky Functions will apply for the refund on your behalf however Funky Functions is not responsible should this application be denied by the Third Party Service Providers for any reason.

Refunds; Funky Functions is unable to refund monies before receipt of funds from the relevant Third Party Service Providers. All refunds are subject to a 10% administration fee, which is calculated on the value of the booking. This fee is over and above any cancellation fee which may be charged by the Third Party Service Provider to whom the refund is submitted. Refunds by the Third Party Service Provider will be subject to their terms and conditions.

Confidentiality; Funky Functions undertakes to deal with all your information of a personal nature on a strictly confidential basis. 

Website (www.partyboat.co.za) and Brochures

Intellectual Property; The website www.partyboat.co.za is owned by Funky Functions. All intellectual property rights in and to the aforementioned vests in the owners as indicated. None of the content or data found on this site may be reproduced, sold, transferred, or modified without the express written permission of Funky Functions. 

Access and Use; Access to and use of the website is entirely at the user’s risk. Funky Functions may discontinue or suspend the website at any time without notice, and it may block, terminate or suspend any user's access at any time for any reason in its sole discretion, even if access continues to be allowed to others. 

Links to other websites; There are links on this website which allows a user to visit the sites of third parties.

Neither these sites nor the companies to whom they belong are controlled by Funky Functions and Funky Functions makes no representations and gives no warranties concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Funky Functions has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. You are deemed to indemnify Funky Functions against any claims for loss or damage arising from your use of or of information gained from or from accessing any such linked sites.

Changes; Funky Functions may make future changes, deletions or modifications to such terms and conditions, information, graphics, products, features, functionality, services, and links at any time without notice and your subsequent viewing or use of this website will constitute your agreement to the changes, deletions and modifications.

Interpretation, Law Applicable and Jurisdiction; Words implying the singular, shall include the plural and vice versa, words importing one gender shall include any other and reference to natural persons shall include legal entities and vice versa. This agreement is governed by South African Law. The Parties hereby consent to the jurisdiction of the appropriate Magistrate's Court in regard to any action and/or proceedings based on/or arising from these Standard Conditions of Business. This document reflects the only and full agreement between you and Funky Functions and there exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and you acknowledge that you have not relied on any matter or thing stated on behalf of Funky Functions or otherwise that is not included herein. No variation and/or extension thereof shall be valid unless agreed to both by the Parties in writing. In the event of a clash and/or uncertainty in meaning and/or interpretation between this and any other document issued by Funky Functions, this document will always have preference. You will be liable for all legal fees on an attorney and own client scale in the event that Funky Functions has to engage a lawyer to enforce or defend any of its rights or otherwise.