1. How to Book:
Complete the Online Booking form, accepting on behalf of all parties the terms of these booking conditions and pay the total Tour fare per person. No contract shall exist between the company and the client until the prescribed payment has been paid and the clients booking has been confirmed by the Company. The payment will be refundable should the company not be able to accommodate the client on the requested tour.
2. Payment:
The full payment of the tour fare due by the client to the Company, must be paid on booking, otherwise the Company may treat the booking as cancelled by the client. Late applications may however join the tour on an availability basis.
3. Alterations to Itineraries:
Although every effort is made to adhere to itineraries as advertised, the company reserves the right to occasionally change routes and accommodation as brought about by changing conditions. When a major change becomes necessary, notification of such alterations will be sent to the client’s agent or to the client’s last known addresses soon as the company becomes aware. The company reserves the right to alter an itinerary after a departure if it is in the client’s interest to do so. The company will not be held responsible for any compensation to the client if the Company have to cancel or in a way change the tour due to force majeure, namely war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other external circumstance beyond the Company’s control.
4. Authority on Tour / Exclusion of Tour:
The decision of the driver guide of the Company will be final in all matters likely to endanger the safety of the clients of the group. The Company shall not be held responsible for or liable to any client who commits an illegal or unlawful act in the country visited. The client may be excluded from the tour without any refund of the tour fare. If the Company considers the client as unsuitable for a tour, it may in its absolute discretion, cancel such a client's booking and cease to carry the client further if that client causes inconvenience or annoyance to other passengers.
5. Alterations:
No employee or representative of the Company has the right to alter, vary or waive the right of these conditions, nor to undertake any liability whatsoever on behalf of the Company, unless such be in writing and signed by the director of the Company.
6. Health:
The Client acknowledges being aware of the proposed itinerary and hereby confirms that he or she is medically fit, in good health, and is able to embark upon the tour. Any client with a pre-existing medical condition or illness must declare the true nature of such condition at the time of the booking and make arrangements for the provision of any drugs or other cause of treatment that may be required during the tour. Such a client would be required to provide a medical statement from a GP to confirm that they are fit to travel. The Company and its representatives will treat all information in the strictest confidence.
7. Baggage
All baggage and personal affects are at all times at the client’s own risk and the Company cannot accept liability for any loss or damage to baggage or personal effects.
8. Insurance:
Travel and cancellation insurance is mandatory for all clients. Before a client commences a tour, he or she must arrange his or her own insurance with a reputable insurer, with protection for the full duration of the tour to cover injury, medical expenses, loss of luggage, and the expenses associated with the cancellation curtailment of a tour. The Company shall not refund the client in the case of illness, death or loss of body parts. The Client must make sure of fully covered travel and medical insurance.
9. Indemnity:
9.1. Due to the nature of outdoor activities and tours as provided by Adventureshop Stellenbosch, you place yourself in direct contact with the elements of nature and other uncertain, unforeseeable and uncontrollable factors/ influences associated with outdoor activities and tours.
9.2. We (Adventureshop Stellenbosch), its employees, guides or any agent involved shall not be held responsible for and shall be exempt from all liability in respect of personal loss, damage, injuries, accident, death, delay or inconvenience that may occur to you.
9.3. I take full responsibility for my actions and my decision to partake in the tour /activity as facilitated by Adventureshop Stellenbosch. I also take full responsibility for my person and equipment under the guidance of Adventureshop Stellenbosch and will abide by the instructions of Adventureshop Stellenbosch at all times.
9.4. I hereby waiver my right to legal recourse and the right to institute any legal action or proceedings against Adventureshop Stellenbosch, its employees, guides or any agent for any claim for harm that I may suffer or any claim by any of my dependants whatsoever that might arise out of / be a result of / or any occurrence during the activity / tour as facilitated by Adventureshop Stellenbosch
9.5. I hereby declare that Adventureshop Stellenbosch, its employees, or any agent acting for Adventureshop Stellenbosch involved shall not be held responsible for any liability caused by loss, damage, injuries, accident, death, delay or inconvenience to any person, loss of property, injury to/ or death of individuals or damage to property and goods under any circumstances that may occur.
9.6. The activities and tours which we provide at Adventureshop Stellenbosch have been planned and structured to the best of our ability for your enjoyment and safety. Nevertheless we regret that the management, its employees and agents, must stipulate that they are absolutely unable to accept liability or responsibility for injury or damage of any nature whatsoever whether arising from negligence or any other cause howsoever which is suffered by any person whom uses/ partake in any of the activities tour services that Adventureshop Stellenbosch provide.
9.7. Minor children (persons under age of 18years):
9.7.a. I, the undersigned person and legal guardian for the minor child stated below, hereby agrees and acknowledges, on my own behalf and on behalf of the minor child taking part in the activity or tour by Adventureshop Stellenbosch that I am at liberty and have the authority to act as legal guardian of the minor child stated below and that I have the full legal capacity to contract for such minor child.
10. Copyright
The Company may take films or and photographs of our clients while on any tour, and reserves the right to publish, or use the material in advertising, without obtaining the consent or the payment to the client.
11. Jurisdictions and Law:
This contract shall be interpreted under the laws of South Africa. In the event of any dispute between the parties hereto this version in English shall be the basis of the contract.
12. Severability:
If any part, term or provision of this contract is held to be illegal or unenforceable, it shall not affect the validity or enforce ability of the remainder of the contract. Furthermore, if any covenants are held illegal or unforeseeable by virtue of its scale, extent or duration, it shall remain valid and enforceable in such reduced scale, extent or duration as any count may decide as being the maximum scale, extent or duration permissible In the event of any dispute between the parties hereto this version in English shall be the basis of the contract.
13. Cancellation By Client:
Cancellation of a booking must be made in writing, by the person who made the booking, and is not effective until the Company receives such cancellation. If the cancellation is received 31 Days or more a 25 % deposit shall be forfeited. In the Event of cancellation 30 Days prior to departure the following charge will apply. 30 to 15 days – 50% total fare, 14 to 7 days – 75% total fare, 7 to 0 days – total fare. If the client fails to join a tour, or join after departure or leave it prior to its completion, no tour fare shall be refunded.
