Terms and Conditions

STANDARD TERMS AND CONDITIONS OF CONTRACT OF AFRICAN JOURNEY SAFARIS (PTY) LTD

DEFINITIONS

Unless the context in which they are used requires otherwise, the following words and phrases shall have the meanings as hereunder ascribed to them.

“Booking reservation” means the safari or tour or trip or excursion booking;
“AJS” means African Journey Safaris (Pty) Ltd, registered in South Africa with company registration number: 2020/200628/07;
“client” refers to the person/s who is/are named and identified on the booking form as the confirmed party/ies embarking on the Trip or excursion and by being so named contracts and is held bound by these terms and conditions, notwithstanding that not all the person/s might have signed the booking form and that an agent might have made the booking, in which case such agent will be similarly bound. All such person/s named in the booking form shall be jointly and severally liable for the due performance of their obligations in terms hereof and agree to be bound by the terms and conditions contained herein. All minors warrant that they have contracted with their legal guardians.
“group” means two or more persons that books the safari together;
“services” means the provision of accommodation, transfers, transportation, booking of tours and excursions for the client in Africa. Such services include, but shall not be limited to the procurement by African Journey Safaris, acting solely as agent for the client, with third party service providers, of hotel, lodge, backpackers’ and bed and breakfast accommodation, National Park Reservations, car hire and transfer reservations, air charter reservations, the procurement of reservations with any air or land carriers, scheduled departure safari reservations, set departure tour reservations, day tours, excursions and adventure activities reservations, and shall include any other services incidental to the a foregoing.
“Safari” means refers to the tour, booking, reservation, travel, touring, accommodation, meal plan and activities included in the client’s safari package.
“Working Days” means any day other than a Saturday, Sunday or gazetted national public holiday in South Africa;
“South Africa” means the Republic of South Africa;

INTERPRETATION
- The singular where used in this Agreement shall include the plural, the masculine or other genders and visa versa.
- In this Agreement, clause headings are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention:
  - an expression which denotes:
  - any gender includes the other genders;
  - a natural person includes an artificial or juristic person and vice versa;
  - the singular includes the plural and vice versa.
- This document shall not be interpreted against the party responsible for preparing and drafting it, in other words the contra proferentem rule shall not apply to the interpretation of this document.
- The use of the word “including” shall not be construed as limiting the meaning of the words preceding it to the one or more words or examples following it, and the meaning of the general words will not be restricted by the use of more specific words (i.e. the eiusdem generis rule shall not be applied in the interpretation of this document).
ACCEPTABILITY OF STANDARD TERMS AND CONDITIONS OF CONTRACT
- All and any business or contracts undertaken or advice, information or services rendered
  by AJS, in connection with the services, whether gratuitous or not, is undertaken and provided in accordance with these standard terms and conditions of contract.
QUOTATIONS, PAYMENT AND CURRENT FLUCTUATIONS
- All quotations given by AJS in connection with the services to a client shall be in writing and, unless otherwise agreed to in writing by a member of AJS, shall be in the currency of United States Dollar.

Such quotations shall be inclusive of South African value added tax (where applicable).

Acceptance of any quotation by a client shall be in writing.

AJS reserves the right to amend and increase any quotation, even after acceptance by the client, in the event of any adverse currency fluctuations, increases in Government or Statutory levies, increases levied by third party suppliers, such as airlines, providers of accommodation and entry fees and other third party suppliers, in respect of the services.

Any revision in quotes will be commensurate with the change in the currency exchange rates or the increase in the amounts payable. In the event of the client disputing the quantum of such increase, it shall be referred forthwith to the accounting officer of AJS for determination, who, in such determination, shall act as expert and not as arbitrator, and whose decision shall be final, conclusive and binding on AJS and the client, and accordingly not subject to appeal.

All payments to be made by a client to AJS shall be free of exchange, deduction or set-off or whatsoever nature. Payments shall be made by the client to AJS by way of cash, direct transfer, forex transfer or by credit card.

The client shall provide AJS forthwith, upon making any payment, with written proof thereof in the form of a deposit slip, remittance advice or credit card authorization form. The relevant reference for the safari booking shall at all times be reflected on the proof of payment.

All payments due by a client to AJS shall be made no later than 90 (Ninety) days before departure date.

Although AJS strives to ensure that all rates displayed on sites are correct and accurate, AJS reserves the right to request additional payments from clients, should properties which have seasonal/ special event rates, charge such rates. Certain properties/ property groups, make rate changes at their discretion, and at short notice. Any additional costs for such changes shall be payable to AJS, on demand.

Bank charges are the client’s responsibility and payments in approved foreign currency will be accepted at the rate of exchange applied by the bank of AJS at the time of receipt of payment. Any shortfall resulting from exchange fluctuations will be for the client’s account.

BOOKINGS PROCEDURE
- In order to make a provisional reservation, booking or enquiry, AJS will be contacted directly or through an agent, whereby AJS will provide the client or agent with a quote in accordance with their requests.

In order to secure a booking or reservation for services required by AJS, each client shall:

Accept the quote; and
The client shall complete in writing and dispatch to AJS a Safari signed booking agreement and form; and
The client shall pay AJS a non-refundable deposit of 10% (TEN) of the quoted cost for the services within 14 (Fourteen) working days from days from date of receipt of the quotation in order to secure the booking or reservation.
AJS reserve their rights, depending on the packages, to communicate to the relevant suppliers to secure accommodation and flights unless otherwise specified.

In the event that of the deposit not being paid within the 14 (Fourteen) working days, the booking shall lapse, and the operator then has the right to release the booking.

The client must ensure that forms and agreements be completed correctly by providing the correct full name(s), nationality, full address, contact number and email address, and flight arrival and departure details, and any other information requested as stipulated on the booking agreement.

If the client makes a booking on behalf of any group, the client warrants to AJS that the client is authorized by all members of the group to make reservations on their behalf and acting as such traveller’s agent and in so doing, binds such party to these conditions. Upon acceptance of the safari, the client warrants that the traveller(s) has been informed and is bound by these terms and conditions set out herein. The client indemnifies and holds the company harmless against all claims for damage, loss and injury which any traveller may claim against the company if such a claim is excluded in the terms hereof.

Booking agreements and quotations that are altered after acceptance thereof which incur additional costs will be charged to the client.

Upon receipt by AJS of the balance of the monies due from the client 90 (Ninety) days prior to departure, the booking shall be confirmed.

In the event of the client wishing to amend his reservation in any way, AJS may elect, that no amendment fees will be charged, and that only add-on’s or extras that are added or amended to the original booking after the deposit has been received be paid by each of the clients.

The client shall advise AJS in writing on the booking reservation form of any special requests, needs or facilities required by him due to medical needs, requirements relating to disabilities, special dietary requirements and refrigeration for the storage of insulin and other medically prescribed drugs, and any other requirements incidental thereto. The costs of complying with such special requests, needs or facilities shall be borne by the client and payable on demand.

The client shall be provided similar option in case a tour, hotel or lodge is fully booked.

AJS reserves the right to cancel any reservation for which the total safari price has not been paid by the due date, in which event the relevant cancellation policy will apply.

AJS reserves the right to decline or retain any traveller any time as the result of non-payment of any amount due by the client.

A 30% single supplement fee will be levied for any single adult/child on top of the applicable adult or child rate.

ITEMS INCLUDED / EXCLUDED IN BOOKING

Certain items are not included in the cost of the booking. The cost is the responsibility of the client. Items not included are as follows:

International and additional domestic airfare;
Visas;
Travel and health insurance;
Medical expenses;
Repatriation costs;
Premium alcoholic beverages and optional meals;
Any special requirement as indicated in Paragraph 5.9 above;
Additional activities or excursions not specified in the itinerary;
Personal purchases such as curios, snacks, gifts and souvenirs; and
Gratuities

Items that are included in the booking are as follows:

Accommodation in a lodge / hotel / guest house;
All meals during your safari – breakfast, lunch, and dinner;
Domestic airfare specified in package / booking quotation;
Beverages – local beer, wine, soft drinks, coffee, tea, and mineral water;
Services of an experienced FGASA qualified guide (own guide per booking);
All road transfers during safari; and
All admission fees and activities specified in the itinerary.

PAYMENT METHODS

Payment is only collected when a quotation has been received from the establishment, while the quotation has not yet expired and when the guest accepts the quotation. Once payment has been made against a quotation, the offer and its acceptance become a binding contract. Following acceptance theestablishment is required to send confirmation of the booking.

Safari payments are to be made in U.S. Dollars by using one of the following methods:
- Wire Transfer or direct EFT (Electronic Funds Transfer) from your bank into our South African bank account:

African Journey Safaris (Pty) Ltd
Bank: First National Bank
Account Type: Business Cheque Account
Account Number: 6286 4419 710
Branch Code: 210 641
Branch Name: Forest Hill
Swift Code: FIRNZAJJ

The SWIFT code needs to be used for international payments.
- Such payments are required to be made at least 7 days before the expiry of a quotation, in order to allow sufficient time for the payment to clear into theAJS bank account. The quotation (offer) is deemed accepted when the guest payment is received into the AJS bank account within the validity period.
- Clients must pay the exact amount and must place a reference number on the deposit slip.

TransferWise (transferwise.com) is a secure online platform to send money abroad with little and no hidden transfer fees. Simply use our above South African bank account details to make payments.

CANCELLATION AND NO-SHOWS

Cancellations of confirmed bookings may only take place according to the procedure outlined in this clause.

All requests for cancellations shall be made by the client in writing via email to AJS and shall only be effective on the date of actual receipt by AJS.

The following cancellation fees shall be applicable and shall be calculated by reference to the total booking cost (“TBC”) of the services booked for by the client.

In the event of cancellations, the following cancellation fees for services booked on the full package price shall apply:

DAYS PRIOR TO ARRIVAL	CANCELLATION FEES
90 days or less	100%
91-180 days	50%
180 days or more	Will forfeit deposit (10%)

In the occasional instance where AJS can obtain waivers of cancellation fees with its suppliers, the refund will be passed on to the client. However, the company makes no guarantees as to receiving such waivers.

No refund shall be given to clients’ who arrive early, late or do not show and shall be treated as a cancellation and will result in 100% cancellation penalty.

Clients are therefore strongly recommended to obtain their own comprehensive travel insurance to cover such contingencies.

Any cancellations made, in terms of these standard trading conditions shall be subject to the following deductions and administrative charges:
- Refunds to credit cards: the relevant cancellation fee and a 50US$ administrative charge.

Direct bank deposits: the relevant cancellation fee, less actual bank charges debited by AJS’s bankers, less a 50US$ administrative charge.

Forex transfers: the relevant cancellation fee, less actual bank charges debited by AJS’s bankers, less a 50US$ administrative charge.

Cash payments: the relevant administration charges, less actual bank charges debited by AJS’s bankers, less a 50US$ administrative charge.

POSTPONEMENTS
- All postponement requests must be in writing and will only be effective upon written acknowledgement by AJS.

AJS may at its sole discretion accept or refuse postponement requests.

REFUNDS, DEVIATIONS OR ALTERATIONS

No refunds or credit will be granted if for any reason, including illness, injury, or death, the client/group no longer wishes to continue the safari, the client fails to join a safari or if the client joins the safari after departure date.

Any unused activities cannot be refunded or substituted and will consequently be forfeited.

All refunds will be at the sole discretion of AJS.

AJS has the right at any time, and in its sole discretion, to amend or cancel any of the services or the remainder thereof, or to make any alteration in route, accommodation, transportation arrangements in the event of the services or any part thereof rendered impossible, illegal or inadvisable due toforce majeure , the definition of which including war, threat of war, closure of land and air travel, strike, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, epidemics, pandemics, quarantines, governmental interference or any other external circumstances beyond AJS’s control.

Any extra costs and expenses occasioned as a result of an alteration to or
cancellation of itineraries as provided for in clause 10.4 above shall be payable by the client on demand by AJS.

AJS may further in its sole discretion cancel or terminate a client’s booking for the services or any remaining part thereof in the event of any illness or the illegal or incompatible behaviour of the client, who shall, in those circumstances, not be entitled to any refund. Any extra costs occasioned by such cancellation or termination as provided for in this sub-clause 10.6 shall be payable by the client on demand.

AJS solely acts as an agent and tour operator that attends to transportation, hotel accommodation, restaurant services and from various independent suppliers.

AJS recommends all travelers to take out the necessary insurance to protect themselves against such events, as AJS will not be held liable for any cost incurred.

CHILD POLICY

The following charges will apply to children:

Age	Rate applicable
Children aged between 0-2 years	Will be on a complimentary basis with two sharing adults
Children aged between 3 to 11 years	Will be charged 50% of the adult rate
Children aged 12 years and up	Adults rates will be applicable

Depending on the supplier, children under the age of 12 may be unable to take part in certain activities, or even not allowed at the establishment. It is the responsibility of guests to confirm these details before confirming any bookings.

TRAVEL AND MEDICAL INSURANCE

It is strongly recommended that the clients take out a comprehensive travel and medical insurance during the entire period, for all travellers and dependents and ensure that the client is aware of any additional coverage as well as limitations and exclusions to the cover.

Clients must ensure that they take out insurance against personal injury, loss, damage, theft, cancellation, delay etc. Some of the activities that the clients will attend to have high risk factors involved, and therefore AJS cannot take responsibility for consequences if the client taking such risks.

AJS (Pty) Ltd does not offer any form of travel or medical insurance cover. Should the client fail to take out the necessary insurance, the client undertakes to proceed with the safari at their own risk.

ACCOMMODATION AND CARRIAGE

All travel arrangements such as accommodation, flight bookings, safari reservations, transport and the like, made by AJS are subject to the availability, booking conditions and cancellation provisions of the supplier thereof.

AJS has no direct control over its suppliers and therefore reserves the right to alter or substitute routes, safaris, accommodation, meals, itineraries, services, vehicles and/or arrangements should conditions necessitate. The tour operators cannot guarantee providing clients’ with substitutes or equal value tours, but will do everything in their ability in order to offer substitutes of equal value and will inform the client of any known changes before departure

AJS acts purely as an agent and tour operator who organises the transportation, hotel accommodations, restaurant services and other services from various independent suppliers that are not subject to AJS’S control. AJS cannot therefore be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of any such supplier, or by reason of any other event over which we have no control.

AIRLINE BOOKINGS

All airline bookings are arranged subject to the terms and booking conditions imposed by the respective airline.

Changes and cancellations of airline bookings will attract a penalty subject to the airline’s terms and conditions.

AJS cannot be held responsible should airlines discontinue flights on certain routings or change scheduled timetables resulting in missed connections. Should an amendment itinerary be necessary, any additional costs incurred will be borne by the client and shall be payable to AJS on demand.

Due to recent international events, many airlines / airports have extended the check in times of both domestic and international flights. AJS cannot be held responsible for any delays or circumstances that may result in a client missing their flight or subsequent transfers. Throughout the entire booking process, it is the responsibility of the client to ensure that enough time has been calculated in order not to miss connecting flights and transfers.

ITINERARY:

AJS cannot guarantee that the itinerary will be conducted in the same order as indicated in the booking agreement, as it would be weather/climate dependent.

TRAVEL DOCUMENTATION

It is the client’s responsibility to ensure that they have the correct travel documents that meets all the visa and health requirements and that these documents are valid throughout the period of the entire booked trip.

The client is to ensure their passport has at least two empty pages in their passport and that their passport is valid for at least 30 days after their intended return date from South Africa.

The client is to ensure that all their required visa, health and passport information is correct before departure.

Should the Client be refused entry to any country, due to incorrect or incomplete documentation or failure to comply with that country’s medical requirements, AJS shall not be liable for any costs of whatsoever nature occasioned thereby.

VACCINATIONS & HEALTH

It is the client’s responsibility to be aware of malaria, yellow fever and other potential diseases when travelling to Africa. The client must take all necessary vaccinations and precautions, as are required in the prevention of these diseases, which are endemic to certain regions of Africa. The client shall therefore prior to embarking for the services for which is booked, consult a medical practitioner or visit a travel clinic to obtain the necessary vaccinations, medication and advice. AJS does not accept any responsibility whatsoever for any client being refused entry to any country due to incorrect or incomplete health documentation or vaccinations.

Clients should be medically fit, in good health and able to embark upon a trip. If the Client has any pre-existing medical condition or illness, they must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment, which may be required during their trip. In some cases, the Client will be required to provide a medical statement from a medical practitioner to confirm that they are fit for tour or trip. AJS and its representatives will treat all information in the strictest confidence.

CONSENT TO RISKS ASSUMED

The client consents to the risks inherent in wildlife adventure travel and warrants that he is aware of such risks and undertakes the tours, safaris, wildlife and other excursions in connection with the services with full knowledge and appreciation thereof and at his own risk.

LAW OF GOVERNANCE

In matters where it is or may be necessary to have recourse to the court, the court of the Republic of South Africa shall have sole jurisdiction to the exclusion of the courts of any other country and the prevailing law of the Republic of South Africa shall prevail and shall be conducted in the English language.

INDEMNITY AND RISK

The client understands that there are certain risks and dangers involved on safari and that the client accepts them at the client’s own risk and indemnifies AJS for any loss, damage, injury, or expense of any nature whatsoever suffered by the client or group arising out of any act or omission of the operator, its suppliers, any staff or agent of the operator or a supplier, whether as a result of negligence or otherwise. The client shall be deemed to have waived, renounced and abandoned any and all rights and entitlements to which the client may be entitled under the provisions of the law of the Republic of South Africa for any loss or damage to the client/group and/or property.

AJS does not hold itself responsible for delays brought about by, but not limited to, airline schedules, time changes, itinerary changes, force majeure, weather, political unrest, strikes, technical difficulties, mechanical breakdowns, however caused, whether foreseen or unforeseen.

AJS accepts no liability for errors or inaccuracies contained in any published material such as brochures, flyers, websites, and itineraries. Information contained is the best of the operator’s knowledge and belief, true and correct, at the time of printing.

AJS Ltd shall not be bound by any representation, warranty, promise of the like not recorded herein or agreed to by in writing.

CLIENT’S RESPONSIBILITIES

The client warrants that they are in generally good health to undertake the safari and that the client will receive any necessary medical advice prior to departure and inform AJS of any restrictions.

The client may not carry any unlawful firearms, articles or substances whilst travelling with AJS and the company will be entitled to immediately exclude the offender from the safari and such person will be responsible for their own repatriation and all costs associated therewith.

The client shall be solely responsible for complying with the formalities required by police, customs, health and all other authorities at the point of departure, at the destination and whilst in transit. Whilst the operator will provide the client with the latest information concerning such regulations and restrictions. AJS shall not be responsible for any inaccuracies or omissions in this regard.

The client will adhere to all instructions given by the guide or representative appointed by the operator whilst on safari to ensure the safety and protection of the client and environment, and to show consideration and not cause any disturbance or nuisance to other clients and wildlife.

Should the client have any disputes or complaints, the client is to immediately bring it to the attention of one of the representatives of AJS who will endeavor to resolve the situation.

It is the client’s responsibility to ensure the accuracy of the booking details, guest particulars and safari dates allocated.

By accepting this contract, the client and the operator enter a binding agreement and the client fully understands the terms and conditions set in this agreement.

BOOKINGS THROUGH AN AGENTS

If bookings are made through an agent, the agent will be liable to forward all client payments and guest particulars to the operator on behalf of the client.

The operator will provide the agent with all relevant information pertaining to the safari and the agent will be responsible to thoroughly communicate all information to the client.

BREACH & ARBITRATION

Breach
- Subject to any other rights that the Parties have in terms of this Agreement, should a Party (the “Defaulting Party”) commit a breach of this Agreement and fail to remedy such breach within 10 (ten) days after receipt of a written notice calling upon it to do so, then the Party calling for the remedy of the breach (the “Aggrieved Party”) will be entitled to:
  - claim immediate specific performance of the Defaulting Party’s obligations in terms of this Agreement, together with damages, whether or not such obligation has become due; or
  - terminate this Agreement with immediate effect.
- Any costs awarded to a Party in terms of any legal proceedings will be recoverable on an attorney-and-own-client scale unless a court of competent jurisdiction specifically determines that such scale will not apply, in which event the costs will be recoverable in accordance with the tariff of the high court, determined on an attorney-and-own-client basis.
Arbitration
- All disputes arising out of or in connection with this Agreement or any of the provisions of this Agreement including, amongst others:
  - the existence of this Agreement apart from this clause 23;
  - the interpretation and effect of this Agreement;
  - the Parties’ respective rights and/or obligations in terms of this Agreement;
  - the rectification of this Agreement;
  - the breach, termination or cancellation of this Agreement or any matter arising in relation thereto; or
  - delictual or contractual claims, compensation for unjust enrichment or any other claim, will be referred to arbitration as set out in this clause 23.
- The arbitration will be heard by a single arbitrator who will be a practising senior advocate, with no less than 10 (ten) years’ standing, or a retired judge of the high court or the supreme court of appeal.
- The Party referring the dispute to arbitration (the “Claimant”) will submit to the other Party (the “Respondent”) in writing the names of 2 (two) persons, who meet the qualifications in clause 23.2.2 above, proposed by it to act as arbitrator in the matter and request the Respondent to agree to the appointment of any one of them in writing within 7 (seven) days of receipt of such notice.
- In the event of the Parties being unable to reach agreement on the appointment of an arbitrator in accordance with clause 23.2.3 above, the arbitrator, who satisfies the requirements of clause 23.2.2. above, will be appointed by the Chairperson of the Pretoria Bar Council at the written request of either Party.
- The Claimant will, within 14 (fourteen) days of the appointment of the arbitrator, file its statement of claim by serving a copy thereof on the arbitrator and the Respondent.
- Within 14 (fourteen) days of receipt of the statement of claim, the Respondent will file its statement of defence with or without a counterclaim by serving a copy thereof on the arbitrator and the Claimant.
- Unless otherwise agreed to in writing by the Parties, the Uniform Court Rules applicable to the filing of further pleadings and of discovery will be applicable.
- The arbitrator will, save as provided in this Agreement:
  - have the powers conferred upon an arbitrator under the Arbitration Act, No.42 of 1965 (the “Arbitration Act“);
  - be entitled to decide on such procedures as he/she may consider desirable for the expeditious determination of the arbitration;
  - be entitled to determine questions of law (i.e. the provisions of section 20 of the Arbitration Act are excluded);
  - be obliged to provide written reasons for his/her decision which will be delivered in writing to the Parties within 15 (fifteen) Business Days after the conclusion of the arbitration hearing; and
  - determine the liability for his/her charges and the costs of the arbitration will be paid accordingly by the Parties.
- The decision of the arbitrator will be final and binding on the Parties and may be made an order of any court of competent jurisdiction (including his/her award in respect of the costs of arbitration).
- Nothing contained in this clause 23 will prohibit a Party from approaching a court of competent jurisdiction in South Africa for urgent interim relief pending determination of the dispute by arbitration.

NOTICES AND DOMICILLIUM
- The Parties choose as their domicilia citandi et executandi the addresses specified in this clause 23 at which addresses all notices, documents and/or legal proceedings arising out of or in connection with this Agreement may be served:
  - in respect of the touring operator:

Physical Address:

Postal Address:

E-mail Address:

in respect of client:

Physical Address:

Postal Address:

E-mail Address:

A Party may choose a different address(es) for purposes of this clause 23 provided that:
- in the event that a Party wishes to change its physical address, the physical address may only be changed to an address within South Africa;
- the Party wishing to change its address(es) provides the other Party with written notice of the changed address(es); and
- any change to an address(es) will only be effective on the 7^th(seventh) day after written notice of a change of address(es) has been provided.
Unless the contrary is proven, any notice given in terms of this Agreement will be in writing and will be deemed to have been duly received:
- on the date of delivery thereof in the event that the notice was delivered by hand to the Party’s chosen physical address;
- on the 5^th (fifth) Business Day following sending thereof in the event that the notice was sent by registered post to the Party’s chosen postal address; and/or
- on the date of sending/transmission in the event that the notice was sent by email to the Party’s chose email address.
Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by a Party from the other Party will be adequate written notice or communication to such Party.

VARIATION OF THESE STANDARD TERMS AND CONDITIONS OF CONTRACT

No variation or alteration of these standard terms and conditions of contract shall be binding on AJS unless embodied in a written document signed by a member of AJS. Any purported variation or alteration of these standard terms and conditions of contract otherwise than as set out above shall be of no force or effect, whether such purported variation is written or oral, or a combination of both.

NON-WAIVER

No extension of time or relaxation of any of the provisions of these standard terms and conditions of contract shall operate as an estoppels against AJS in respect of its rights herein, nor shall it operate so as to preclude AJS thereafter from exercising its rights strictly in accordance with these standard terms and conditions.