1. Definitions
   1. As used in these terms and conditions: –
      1. “We”‚ “our”‚ “ourselves”‚ “us” and ‘Bucket List’ means the Bucket List Book (Pty) Ltd (registration number 2021/728831/07);
      2. “You”‚ “your”‚ “yourself” and “voucher holder” means any person making use of the services that Bucket List offers, including vouchers;
      3. “Service provider” means any person, natural or juristic, providing a service to which a voucher is, or could be, applicable, regardless of whether they are employed by, subcontracted to or wholly independent of Bucket List; 
      4. “Vouchers” means all vouchers, rewards, discount coupons, itineraries, receipts or offers provided by Bucket List, and a voucher shall mean an individual instance of same. 
      5. “Website” means www.thebucketlistbook.co.za
      6. “Force majeure” means any event beyond the reasonable control of a party and which could not reasonably have been foreseen by it at the date of entering in to this agreement, and shall include, acts of god, fire, flood, war, invasion, civil war, riot, strikes, national restrictions, any court order, civil commotion, and any requirements of any governmental authority or other circumstances that are not within the reasonable control of a party.
   2. A copy of these terms and conditions is available on our website. 

 

1. Vouchers
   1. By purchasing the Bucket List, and/or redeeming or attempting to redeem a voucher, you accept and agree to be bound by these Voucher Terms and Conditions and acknowledge you have read and understood these Voucher terms of use.
   2. Each Voucher is issued with specific terms and conditions that regulate how and when they can be used. For example, a voucher may only be redeemed on weekdays.
   3. The onus is on the voucher holder to check the full voucher Terms and Conditions issued with the voucher and to ensure they understand the voucher’s applications and limitations.
   4. The discount value of the voucher will be deducted from the total service value. The remaining balance, if any, must be paid by the voucher holder. 
   5. On arrival at the service provider, you are required to present your voucher and physical copy of your Bucket list book and/or your Bucket List membership card – any bookings/activities cannot commence without a valid voucher, even if a valid Bucket List membership number was quoted at the time of booking.
   6. The Bucket List and/or its service providers retain the right to reject any voucher that has been tampered with or found in any way to be unacceptable.
   7. The Bucket List is not responsible if a voucher is lost, stolen, damaged or destroyed and no replacement will be provided in these circumstances.
   8. Use of the vouchers will be declined if these Terms and Conditions are breached in any way by the voucher holder.
   9. Misuse of the vouchers may constitute fraud and may lead to prosecution.

 

1. Conditions of the services
   1. The vouchers:
      1. Are valid from 1^st December 2021 – 30^th November 2022
      2. Are non-refundable and cannot be exchanged for cash;
      3. Monetary amounts will not accrue any interest;
      4. Cannot be used in conjunction with any other reward, voucher or discount;
      5. Are subject to the trading hours and trading conditions of the service provider;
      6. Are subject to availability of any service provider;
      7. Do not constitute a guarantee of the availability of any service provider;
      8. Do not constitute an undertaking, endorsement, guarantee or inducement by Bucket List regarding the quality, safety or enjoyment of a particular service or service provider;
      9. May not be transferred, pledged, ceded or otherwise encumbered without the written consent of Bucket List;
      10. Are valid for a set period and/or geographic location and/or on certain limited days only, which conditions are detailed within the paperwork associated with each voucher;
      11. Are for a set period as stipulated above and may not be extended under any circumstances.
   2. Each voucher is:
      1. Valid for one single use only, which use is deemed to constitute the full value of the voucher unless otherwise specified;
      2. Only ever applicable to one booking with a service provider.

 

1. Cancellation
   1. Should you cancel any booking, any voucher used for that booking in any way will not be reallocated or refunded and will be forfeited in its entirety.
   2. Bucket List reserves the right to amend, alter, modify and/or cancel any voucher or the vouchers for any reason whatsoever.
   3. Any changes to the Voucher terms of use will be available on the Website. In this regard you undertake to visit the Website regularly to check whether the Voucher terms of use have changed.

 

1. Changes to these terms and conditions
   1. Bucket List reserves the right to alter these terms and conditions at any time and for any reason.

 

1. Dispute resolution 
   1. In the event of any disagreement arising and the parties being unable to reach agreement, the matter will be referred to a duly appointed representative of Bucket List, who will endeavour to settle the dispute with you through bona fide negotiations.
   2. In the event that the parties are still unable to reach agreement through the process referred to in clause 5.1 above, it is hereby agreed that a dispute shall finally be determined by arbitration under the provisions of the Arbitration Act of South Africa No. 42 of 1965, or such statutory modification or law passed in substitution thereof and the rules of the arbitration foundation of South Africa in force from time to time.
   3. The arbitration shall be held in Cape Town unless otherwise agreed and the law of the republic of South Africa shall be applicable.
   4. Only the parties and their legal representatives or persons agreed to in writing between the parties shall attend the arbitration proceedings.
   5. The parties shall use their best endeavours to expedite the arbitration process, which shall be held in a summary manner with a view to it being completed as soon as possible.
   6. Bucket List will not be party to any disputes arising between the voucher holder and the service provider, or any third party that may have a claim against the voucher holder and/or service provider.

 

1. General
   1. These terms and conditions, together with any abbreviated version found on the vouchers, represents the entire agreement between the parties in regard to the subject matter hereof. No party shall be bound by or have any claim or right of action arising from any express or implied term, undertaking, representation, warranty, promise or the like not included or recorded herein whether it induced either party or not.
   2. No variation, amendment or consensual cancellation of this agreement or any provision or term hereof shall be binding or have any force or effect unless reduced to writing and signed by or on behalf of the parties.
   3. No extension of time or waiver or relaxation of any of the provisions or terms of this agreement (or any agreement or other document issued or executed pursuant to or in terms of this agreement) shall operate as an estoppel against any party in respect of any of its rights in terms of this agreement.
   4. No failure by any party to enforce any provision of this agreement shall constitute a waiver of such provisions or affect in any way such party’s rights to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.

 

1. Indemnity and Disclaimer of Liability 
   1. You agree that you will indemnify and hold harmless Bucket List, its shareholders, directors, employees and/or agents from any and all claims or loss (whether direct or indirect) which you and/or your dependents may suffer as a result of being hurt or injured and/or a claim for suffering any loss or damage to property in any way whilst redeeming any voucher from a participating Bucket List vendor. 
   2. This indemnity will apply whether or not such claim/s arise as a result of an act or omission by Bucket List, its shareholders, directors, employees or agents and whether such acts or omissions were negligent or not. 
   3. You also agree that your dependents, for which you may be a parent, guardian or person in loco parentis cannot hold Bucket List liable for any damages (whether direct or indirect) which they may suffer as a result of redeeming any voucher from a participating Bucket List vendor. 
   4. This indemnity will apply in all instances and regardless of whether such acts or omissions were negligent or not.

 

If any provision of this agreement, which is not material to its efficacy as a whole, is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternative provision to the void, illegal or unenforceable provision.

1. Force Majeure and COVID19
   1. No party shall be liable to the other in respect of the non-performance of any of the obligations arising from the Bucket List, in the event and to the extent that such non-performance is the direct result of or has been directly caused by force majeure. 
   2. Any non-performance occasioned by the Coronavirus will not result in any liability for Bucket List, with the understanding that Bucket List and its service providers endeavour to cooperate fully and do whatever is reasonably possible should COVID regulations affect their obligations under this agreement.