Terms & Conditions
Legal jurisdiction
South African law and jurisdiction of South African courts will govern the relationship between the Client and the Operator The Operator shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act n0.32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Payment
On receipt of a 25% deposit your place will be reserved on your selected tour. The balance must be paid no later than 30 days before the tour departs, failing which you will not be entitled to participate. By paying the deposit you are deemed to have accepted our terms and conditions.
Cape Escape Mountain Biking Tours reserves the right to resell a tour space without notice if final payment has not been made by due date
Cancellations
Cancellations will require notification to be done in writing by the person taking the tour. There will be no refunds once a tour has commenced. Therefore, we recommend you take out comprehensive insurance cover for cancellation, medical expenses, personal accident and baggage and public liability.
Cancellations made between 30 and 40 days prior to departure will result in full loss of deposit.
Cancellations made less than 30 days prior to departure will result in full loss of full tour cost.
Indemnity
Cape Escape Mountain Biking Tours and their tour guides, agents, service providers and any employees and/or directors or members of the aforesaid (hereinafter collective referred to as 'the Parties Indemnified' will not be liable for any accident, injury, illness, trauma, death or loss or damage of any nature whatsoever that may arise through any defect of the vehicle, or any mode of transport, or any travel arrangements having to be changed or amended or by default or error on the part of any of the Parties Indemnified.
Cape Escape Mountain Biking Tours and service providers will not be liable for any consequential loss or damage of whatever nature how so ever arising or for any loss or damage arising from events beyond their control.
Conduct
The Client agrees that he/she will at all times comply with the Operator's or others' requirements in regard to his/her conduct and he/she will not in any way constitute a nuisance to any other passenger on The Itinerary Cape Escape Mountain Biking Tours reserves the right to decline or accept at any time any participant. If any person riding in such a manner that it causes damage to the bike then that person is liable to pay for the fixing of the bike and for any replacement parts that may be required. Helmets must be worn at all times on cycling tours.
Cape Escape Mountain Biking Tours reserves the right to modify itineraries in situations such as adverse weather or to better suit client needs.
Unscheduled extensions
In the unlikely event of there being unscheduled alterations to the itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of the Operator, its agents or principals, it is understood that expenses relating to these unscheduled extensions (hotel accommodation etc.) will be for the Client's account.
Special request
Client, who has special requests, must specify such requests to the Operator in the Reservation Form. Whilst the Operator will use its best Endeavour’s to accommodate such requests, it does not guarantee that it will.
Air charter (if applicable)
Please note that the flying services are subcontracted to independent companies. They are responsible for this portion of the itinerary. The Operator will not be liable for any additional flying/transfers outside the quoted itinerary. This will be for the Clients account.
Breakaways
While it is possible to break away from planned holiday itineraries, it is understood that such breakaways will be for the Client's account.
Prices
Prices are quoted at the ruling daily exchange rate. Until the Operator has received payment of the Tour Price in full, it reserves the right to charge any fluctuations to the client account and the Client undertakes to pay for any such fluctuation on demand. However, once payment of the Tour Price in full is received, the price of the arrangements is guaranteed. However, should the group number deviate from the number required for the booking as specified in the Reservation Form , the Operator reserves the right to re-cost the Tour Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, the Operator reserve the right to cancel the tour and retain any payment made.
Health
I have checked with the relevant health authorities regarding health risks. There are inherent risks dangers and hazards in adventure activities which includes cycling, mountain biking. We will endeavor to make your trip as safe as possible and, but not all risks, dangers and hazards can be anticipated or avoided. The places that we visit in the Western Cape are Malaria free.
ENTIRE CONTRACT
The conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Operator or otherwise that is not included herein.
