Terms and Conditions
“CAMDEBOO ADVENTURES” (Here after referred to as “CA”) – ADVENTURE ACTIVITY TERMS AND CONDITIONS
Adventure activity Disclaimer and Indemnity
1. Participation in the CA Activities is solely at the risk of the Guest. The Guest indemnifies CA, together with its staff, and any Farmer or Ground owner, against any loss, injury, sickness, death or damages to self, property or vehicles suffered in connection with the participation in any CA Adventure Activities.
2. If a guest suffers from a pre-existing medical condition, the Guest should consult their physician before embarking on a Adventure activity or Adventure Activity. Such a guest must inform CA of such pre-existing medical condition/s when booking any adventure activity. Should these Guests participate in the Adventure activity and/or Adventure Activities, they indemnify CA against any harm or adverse reactions suffered. Such Guests must ensure that they have the necessary medication to treat such pre-existing medical conditions.
3. The Guest is aware that no children under the age of 16 are allowed to take part in the 101Km hiking adventure.
2. Booking Procedure and Payment
1. To book an adventure activity, the Guest must complete the reservation form and pay a 25% deposit. No reservation is secure without a deposit and completed booking form.
2. Upon receipt of the reservation form and the deposit, CA will confirm the Guest’s booking by sending the Guest an email confirmation. The Guest’s booking is not secure until confirmed by CA.
3. If the Guest complied with clause 2.1 above but the Adventure activity is already fully booked, CA undertakes to refund any monies paid by the Guest in full within 7 days.
4. Approximately 60 days before the start of the adventure activity, CA will send an email notice for the final payment due which the Guest must pay not later than 45days before the start of the event.
5. All prices are quoted nett of any financial transaction charges. Bank charges are the sole responsibility of the Guest. Upon receiving the final payment from the Guest, CA will send the final Adventure activity information to the Guest.
6. Payment is confirmed when the electronic transfer or direct deposit into CA’s bank account, reflects on CA’s bank statement.
7. CA reserves the right to reject any reservations without giving reasons. If a reservation has been rejected, CA will refund any monies paid by the Guest.
1. Whilst every effort is made to adhere to the itinerary, CA reserves the right to make any changes it believes are warranted or necessary, without incurring any penalty or liability. CA will notify the Guest in writing as soon as CA becomes aware of the changing circumstances.
2. CA incurs no liability or responsibility for any delays prior to departure howsoever arising and all expenses related to any delays will be for the Guest’s account.
4. Electronic Communication
1. The Guest accepts that CA may communicate with it using email.
2. When CA sends an email to the Guest, it is deemed to have been received when the Guest can download the email.
3. When the Guest sends an email to CA, it is deemed to have been received when CA replies to the message.
4. The Guest agrees that all electronic agreements, notices, disclosures and other communications between CA and Guest, satisfy any legal requirement that such communications be in writing.
1. Although CA makes all reasonable efforts to ensure that the prices on the Website and other marketing materials are correct, it cannot guarantee that the Website and/or marketing materials are free of pricing-errors.
2. It may happen that the price of a adventure activity or accommodation suddenly increases due to exchange rate fluctuations or increases by the supplier. In this case, CA reserves the right to increase the Adventure activity price.
6. Cancellation by CA
1. Should there be insufficient bookings to justify a particular Adventure activity, CA reserves the right to cancel the Adventure activity and either refund the Guest’s deposit or suggest alternate Adventure activity dates.
2. If CA cannot provide the Adventure activity booked for any reason, CA will return all monies paid by the Guest and this will constitute the full extent of CA’s liability to the Guest.
3. If CA suspects fraudulent or other criminal activity on the part of the Guest while on the Adventure activity or in case of breach of these terms, it may in its sole discretion terminate the contract by demanding the Guest leave the Adventure activity. In this case, CA reserves the right to keep all monies paid by the Guest.
4. Force Majeure: CA reserves the right to suspend, postpone or terminate a Adventure activity if circumstances beyond its control arise, making the Adventure activity inadvisable, impracticable, illegal, dangerous or impossible. This includes but is not limited to forces of nature (extreme weather conditions) as well as national or global security or medical emergencies (e.g., epidemic or pandemic outbreak) and the conduct of Third Parties for whom neither CA nor the Guest is responsible, such as mass cancellations of adventure activitys due to a force majeure event occurring.
5. In the event of the above, CA will do everything in its power to reschedule the Adventure activity to an alternate and suitable date within a reasonable timeframe. CA guarantees that all monies received from the Guest shall be safeguarded and may be reapplied towards a different Adventure activity at the Guest’s discretion.
6. CA shall not be liable for costs incurred by the Guest outside of the actual cost of the Activity enrolled for, i.e. Flights, Bus tickets, Accommodation etc. that the Guest had to cancel due to the force majeure event.
7. The “FORCE MAJEURE” clause, supersedes ALL other rules/clauses in terms of cancellations or refund policies.
7. Cancellation by the Guest
1. If the Guest wishes to cancel a confirmed booking, the Guest must notify CA in writing.
2. CA reserves the right to levy a cancellation fee to be determined as follows:
• More than 90 days and longer prior to departure: R700 admin fee
• Less than 90days prior to departure: 50% of the deposit will be forfeited.
• Less than 45days prior to departure: 100% of the deposit will be forfeited.
• Less than 30 days prior to departure: The full amount will be forfeited.
8. COVID-19 cancellation policy
1. If a adventure activity is cancelled, either by the Guest or CA due to Covid-19 related circumstances, CA reserves the right to hold back 10% of the full amount. The Guest can use this 10% towards another adventure activity within 365 days from the cancelled Adventure activity date.
2. The Guest must send a notification to CA in writing and CA will do the same.
3. Covid-19 related reasons include only the following.
• The destination the Guest is travelling to is under official government lock-down that prohibits the Guest from traveling.
• The destinations have no formal lock-down but their border is closed to international travellers or to travellers from a specific country.
• International flights are cancelled with no reasonable alternative routing available.
• The government in the Guest’s country of residence restricted all but essential travel.
• The Guest has contracted Covid-19 and is under treatment, in quarantine or within 72 hours of travel.
9. Travel Documentation
1. Documentation is only prepared on receipt of full and final payment of the booking. Guests are personally responsible for ensuring that they are in possession of the correct documentation prior to their departure. CA does not accept responsibility for any consequences whatsoever from a Guest failing to ensure that he/she has complied with all the necessary health, passport and visa requirements. CA is not responsible for the loss of any passports, airline tickets or documentation by a Third Party including but not limited to courier companies and visa agents.
10. Passports, Visas, Vaccinations, Inoculations and Re-entry Permits
• The responsibility to obtain correct, current and valid passports, visas, vaccinations, inoculations and re-entry permits where required is that of the Guest alone. CA will not be held responsible or liable for any consequence of any nature arising from the Guest failing to ensure that he/she has complied with all such requirements.
11. Airline Responsibility
• The passenger ticket in use by the airline, when used, shall constitute the sale contract between the airline and the Guest/passenger. The Guest/passenger acknowledges and agrees unconditionally that CA will not be liable for any loss, damage, injury or death arising from air travel irrespective of whether the carrier took all reasonable measures to avoid damage, loss, injury or death.
• CA strongly advises Guests to effect insurance against, inter alia, cancellation, curtailment, illness, injury, loss of baggage and default, at the time of booking the adventure activity. The Guest indemnifies CA and holds it harmless for all damage, loss, injury or death which may be sustained by the guest during the Adventure activity.
• The Guest shall be responsible for the additional costs if the Adventure activity guide has to deviate from the proposed route in the case of the Guest’s illness or injury.
13. Refunds and Unused Services
• No refunds will be made for no-shows or any unused services irrespective of whether they form part of the basic Activity price or whether they are in respect of pre-booked optional arrangements.
• Prices quoted do not include airport or departure taxes, costs of obtaining visas and passports unless stipulated. The price does not include the cost of personal telephone calls, laundry, entertainment arrangements not shown in the itinerary, meals and beverages unless specified or any other items of a personal nature.
15. Special Request
• Special requests should be specified at the time of booking. Whilst every effort will be made to comply, under no circumstances can CA guarantee that they will be met.
16. Authority on Adventure activity/Nuisance
• The Guest acknowledges that any disruptive, dangerous or potentially dangerous behaviour during the Adventure activity shall not be tolerated and that CA, its employees, representatives, agents and/or contractors being so authorized, reserve the right to exclude the Guest from the adventure activity at any point therein in such circumstances.
• CA shall not be liable for any costs and/or expenses for the Guest resulting for exclusion as aforesaid, and the Guest shall not be entitled to a refund or rebate of the adventure activity price or any additional compensation in such instances.
• The Adventure activity guide has full and final authority for any decisions made relating to Guests’ safety and comfort.
• The Guest undertakes to behave considerately and respectfully while on Adventure activity and undertake to exercise proper authority over any minor children as well as the minor’s safety.
17. Early Termination by the Guest
• If the Guest no longer wishes to continue with the Adventure activity for any reason, including illness or injury, then the Guest must make his/her own traveling arrangements from the point of termination and at his/her own cost.
• CA reserves the right to use any photographs and video taken during the activity for use in marketing or any other advertising material, and the Guest hereby consents to such use.
• The guest further agrees that CA shall retain copyright over any such photographs and videos taken during the adventure activity and/or used in its brochures and, to the extent necessary, the Guest hereby assigns copyright in such photographs and/or videos to CA.
19. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002
• Full name and legal status of CA: Aberdeen Self Catering (PTY) LTD trading as “Camdeboo Adventures”
• Physical address and telephone number where services are rendered:
◦ Website address and email address: www.camdeboohiking.co.za
◦ [email protected]
◦ Physical address. 14 Andries Pretorius Street, Aberdeen, 6270
◦ Telephone: 049 84600063 / 082 389 5770
• Sufficient description of the main characteristics of the services offered by the supplier: The website provides information on adventure activities operated by CA.
• The minimum duration of the agreement: The agreement is valid until the conclusion of the Adventure activity.
• Manner of payment: CA accepts payment by Electronic Fund Transfer.
• Time within which services will be rendered: This depends on when the Adventure activity is scheduled.
• Refund Policy: See clauses 2, 6, 7, 8, 13, 16.
20. Dispute Resolution through Arbitration
• If a dispute cannot be resolved, such a dispute shall be resolved through expedited arbitration in terms of the rules of the Arbitration Foundation of South Africa. The proceedings shall be held in Beaufort West in English or Afrikaans. This clause shall be severable from the rest of these Terms and Conditions and therefore shall remain effective between the Parties after these Terms and Conditions have been terminated.
21. Governing Law
The Laws of the Republic of South Africa governs the interpretation and validity of these Terms and Conditions.
◦ Receipt of the Guests deposit and/or full payment shall constitute the Guests agreement that he/she and those for whom he/she makes any bookings, are agreeable to and are bound by the terms and conditions of CA.
◦ CA shall not be bound by any representation, warranty, promise or the like not recorded herein. No addition to, variation, or agreed cancellation of these Terms and Conditions shall be of any force of effect unless reduced to writing and signed by or on behalf of CA. No indulgence, which