The following notice forms part of your contract with Kaapstad Motorcycle Adventure Tours Limited. All bookings are subject to the following conditions:
CONDITIONS OF SALE
When purchasing a tour from Kaapstad Motorcycle Adventure Tours Limited (Kaapstad) it is the clients responsibility to read and understand the terms and conditions as set out below. When making a booking you are entering into a contract and agreeing in full to the Terms and Conditions set out below.
All persons participating in this tour must be over the age of 28 years and be a holder of a Full UK Motorcycle licence and international drivers permit without restrictions for the class of vehicle to be ridden. This does not apply to pillion passengers. All bookings will receive confirmation notice by e-mail, or by post if requested. Confirmations: Please check all information contained in your confirmation notice immediately upon receipt. It is the clients responsibility to advise Kaapstad of any errors within seven days. Kaapstad is not liable for any errors howsoever caused after seven days following the date of confirmation notice. A NON-REFUNDABLE Booking Fee of 20% of the total tour price must be made at the time of booking.
BALANCE OF PAYMENTS
The balance of payment for the tour must be received at least 90 days prior to the first day of arrival in Cape Town. Failure to receive the balance of payment will result in cancellation of your booking and forfeit of booking fee. If a booking is made less than 60 days notice prior to the arrival date payment must be made in full at the time of booking. If the client cancels the Booking for any reason they shall forfeit the booking fee. If the booking is cancelled by the client more than 30 days before the start of the tour then they shall be entitled to a maximum of 50% of the amount paid less the original deposit. If the client cancels within 30 days of the arrival date then all monies that have been paid shall be forfeited.
All riders must be in possession of a full and valid licence for the class of machine they are using. It is the clients responsibility to ensure that the licence they hold is fully valid in South Africa, All riders (excluding Pillion passengers) must be over the age of 28 years by the first day of the tour. Pillion passengers must be a minimum of 18 years.
Vehicle insurance is included in the hire of the motorcycles on this tour. However each client will be responsible for leaving up to R35,000 damage waiver deposit by way of a credit or debit card with the hire company at the time of picking up the motorcycle. This amount is only chargeable to cover the excess on the hire companies insurance policy should any damage occur to the motorcycle whilst in the rider’s care. A detailed inspection of the vehicle will be made and any damage recorded at time of collection and when returned.
Whilst Kaapstad wish everyone to have the best time possible, if a client disrupts any event or has cause to disturb any other participant other than by accidental means on the tour they will be asked to leave and no refund will be given in any way shape or form. All transport costs incurred by the participant to return to their place of choice will be at their own expense.
All clients whether rider or pillion must supply at their own cost their own personal medical and travel insurance, helmet, gloves, boots and any other protective clothing. Kaapstad cannot be held responsible for any amenities being unavailable due to service requirements, weather conditions or lack of demand due to low client numbers in the guest houses, personal injury or illness caused by activities in which a participant engages which is outside of the tour provided by Kaapstad.
In no event shall Kaapstad be liable to any individual for any incidental, consequential, or any other direct or indirect loss or damage, nor for exemplary or punitive damages. These limitations of liability shall apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise and regardless of whether either party has been advised as to the possibility of such damages and/or losses. The provisions of this clause shall not apply in respect of any claims based on the death or injuries suffered by any individual. In the event a client retires early from the tour due to ill-health or other personal reasons, Kaapstad cannot be held responsible for the credit of any unused services. Kaapstad will however, make reasonable endeavours to secure, on the client’s behalf, compensation from our suppliers (e.g. guest-houses, bike hire, etc.), and where successful, will return any credits to the client in full, promptly after receipt by the supplier(s).
If due performance of this agreement by Kaapstad is affected in whole or in part by reason of any event, omission, accident or other matter beyond the reasonable control of Kaapstad, Kaapstad shall give prompt notice to client and shall be under no liability for any loss, damage, injury or expense of whatever kind and howsoever caused, suffered by Client due to the affected performance. Kaapstad shall use all reasonable efforts to avoid or overcome the causes affecting performance as soon as it becomes practical to do so. Furthermore, for the purposes of this clause, force majeur shall include but not be limited to; flood, earthquakes (or other unusual weather conditions), war (whether declared or not), terrorism, sabotage, revolution, invasion, insurrection, strike, lock-out or any other industrial action, riot, civil commotion, mob violence, blockade, embargo, boycott, the exercise of military power, fire, explosion, quarantine, acts or restrains of government including the imposition or restrictions of or embargos on imports or exports, or any other act beyond the reasonable control of Kaapstad.
To resolve complaints: In the first instance the client should speak with the guide at the time the cause of complaint arises, who will make reasonable endeavours to resolve the complaint. If, however, the Client is not completely satisfied the complaint should be sent in writing within seven days of the completion of the tour to Kaapstad Motorcycle Adventure Tours Limited, 22 Harmill Business Park, Grovebury Road, Leighton Buzzard Bedfordshire, England. LU7 4FF. This must be carried out within seven days of the event completion. Your complaint will receive a response within 28 days of receipt of your letter.
DATA PROTECTION ACT
Your Card Details
– No details of credit/debit or switch cards will be held on file by us in the way of electronic software accounts packages or computer storage devices after this time.
– Kaapstad Motorcycle Adventure Tours Limited hold sufficient public liability insurance cover. Copy insurance certificate can be provided on request.
This Agreement will be governed and construed in accordance within the exclusive jurisdiction and the laws of England and Wales.
PASSPORTS VISAS AND HEALTH REGULATIONS
The client must be in possession of, a passport valid for a minimum of six months after the date of travel, and any visas and vaccination or other certificates required for the whole of the trip. The client shall bear any consequences of not adhering to these conditions, including any travel cancellation costs arising, unless this is due to culpably inaccurate or missing information on the part of Kaapstad.
This agreement constitutes the whole and entire agreement between the parties with regard to the subject matter hereof and there have not been and there are no agreements, representations or warranties between the parties other than those specifically set forth herein. This agreement supersedes all previous agreements on the subject matter hereof. Both parties expressly acknowledge that the provisions of this clause satisfy the requirements of reasonableness specified in the Unfair Contract Terms Act 1977 and or any statutory modifications thereof and that both parties shall be unable to claim the contrary at any future date in the event of any dispute with the either party. The parties agree that the provisions of the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.
If any provision of this agreement shall be held illegal or unenforceable, such provision shall be deemed separate and divisible from and shall in no way affect or impair the validity or enforceability of, the remaining provisions.