Terms and Conditions...
General Terms & Conditions Tours
The services provided and the respective responsibilities and liabilities are outlined and governed by these TERMS AND CONDITIONS.
TOUR OPERATIONS: These tours are under the management of Velo Africa Tours (PTY) LTD trading as CYCLE AFRICA TOURS, hereinafter referred to as the “Operator”.
1. APPLICATION OF THE STANDARD TERMS AND CONDITIONS AND THE TRAVEL CONTRACT.
When making a booking the customer is asked to complete an online booking request. Any special requests from the customer must be recorded in written form at the time of the booking request being submitted, and are deemed to be officially agreed upon only after their being included in the booking form and the booking confirmation. The contract comes into effect upon receipt of your deposit or full payment, and the corresponding confirmation (email-receipt of payment) issued by the operator. If the customer does not pay the deposit amount by the date stipulated, the Operator has the right to refrain from accepting the reservation, and the travel contract does not come into effect.
2. TERMS OF PAYMENT
After the conclusion of the contract or within 14 days upon receipt of the booking confirmation at the latest, the guest will be charged a non-refundable deposit which is stipulated in the booking confirmation (20%). The balance becomes due 60 days before departure at the latest. Decisive is the money receivable with the operator. In case of the conclusion of contracts within 60 days before departure the guest is obliged to immediately pay the entire tour price.
All prices are based on costs at the time of the publication. We reserve the right to change the prices at any time before your booking is made. We will confirm price changes, if any, together with our confirmation of your booking. Please notice that the prices are in South African Rand (ZAR). The Operator reserves the right to change prices at any given time, should price of service providers change as well.
4. Methods of payment
The following payment methods are accepted.
EFT (Direct Bank Transfer) International transfer fees or charges may not be deducted from the amount listed on your invoice. These fees are an additional charge that the transferor is responsible for.
5. ACTIVITIES AND CHANGES OF PERFORMANCES
The scope of performances agreed upon is based on the activities described in the package brochure and the travel documents, particularly the booking form and the booking confirmation. The information as indicated in the package brochure is binding for the Operator. For objectively correct and not foreseeable reasons, however, the Operator reserves the right to make changes in the arrangement offered in the package brochure and that the customer naturally will be informed about, before making the booking. In this case, the booking confirmation is deemed as a new reservation as mentioned above. Certain changes or variations of single tour arrangements, the necessity of which becomes obvious only after the contract has been concluded and which the operator did not cause against the trust, can only be made if they are of a minor character and do not disturb the character of the tour as a whole. The operator is obliged to explain to the customer of such an admissible change or variation immediately, after the reason for this, and became known to the operator. In this case, the customer has the right to back out of the contract or to request participation in another tour. If the operator can make such an alternative offer without causing extra charges, the operator shall not refund any costs of provision of services not used, for reasons in whole or in part the fault of the customer. The operator will not produce invoices concerning single elements of the tour.
Because of the active nature of our tours, the Operator requires that all their guests have comprehensive travel insurance. It is in the guest's interest and responsibility to ensure they have the right policy and documentation. The insurance must include any costs for repatriation and helicopter rescue if the client becomes too ill to continue. We reserve the right to cancel bookings at any stage if we are not satisfied that adequate insurance is in place for the participants. Guests will be liable to reimburse Cycle Africa Tours for any money paid on their behalf for emergency medical transportation, repatriation, doctor and hospital costs, and any other expenses related to the illness if they become too ill or injured to continue the trip.
7. CANCELATION OF BOOKING
The customer may cancel the travel arrangements at any time but will be required to pay the applicable cancellation charges up to the maximum shown below. These are calculated as follows:
8. OTHER PERSONS TRAVELING
Before the date of departure, the customer has the right to claim that another person will travel in his place and enter into the rights and responsibilities of the travel contract. The Operator has the right to not accept the participation of the third person, if the person does not meet the special requirements of the tour or if legal provisions or official arrangements do not permit his participation. If a third person enters into the contract he and the person who booked the tour in the first place, are liable as joint debtors for the tour price, and liable for supplement costs, ZAR 1000.000 caused by the third person’s entering into the contract.
9. CANCELATION OF TOURS FOR REASONS OF FORCE MAJEURE
If the tour operation is complicated, endangered or affected for reasons of force majeure such as war, the threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, adverse weather conditions or other circumstances unforeseeable at the moment of conclusion of the contract both the customer and the Operator have the right to cancel the contract. The Operator has the right to claim appropriate compensation for the activities performed so far.
10. WARRANTY AND REMEDY
If the tour is not operated according to the travel contract, the customer has the right to claim remedy, if this would not cause non-appropriate expenditures. Remedy means the removal of the causes of well-founded complaints, including through providing replacement services wherever possible. The customer has the right to claim a tour price reduction if he immediately brought the complaint or the complaints to the attention of the tour guide or the operator. Phone and fax numbers are indicated in the travel documents. If the customer fails to complain he is not entitled to claim a tour price reduction. The price must be reduced appropriately under consideration of the value of the service at the time when it was sold, and the real value of the offered service. If an arrangement is significantly affected by a failure, and if the operator does not offer remedy within an appropriate schedule, the customer has the right to cancel the travel contract in writing to the operator. This also applies, if there is a failure and the customer cannot be expected to participate in the tour for an important reason, which is comprehensible to the operator. No deadline for remedy must be determined in these cases, when the remedy is impossible or if the operator refuses it or if the immediate cancellation of the contract is justified, because of special interest of the customer. Regardless of the price reduction or the cancellation of the contract the customer has the right to claim compensation for failures unless there has been no fault on the part of the operator.
11. LIMITATION OF LIABILITY
Each package requires the organization of transport, meals, entrance fees, accommodation, and/or other facilities or services. The Operator has no direct day to day control over its suppliers. Accordingly, the Operator accepts no responsibility for any injury, damage, loss, accident, delay, irregularity and/or inconvenience which may be occasioned by any defect in any object (including vehicle) utilized by any supplier for the supply of any service or by an act or omission of any supplier or its servants or agents. The Operator shall not be liable for any loss or expense arising from the loss of property, cancellation or curtailment of the tour however caused, save only to the extent that such a loss of baggage, cancellation or curtailment was caused by the negligence of the Operator. If sickness or accident interrupts a tour, the Operator shall not be liable for any costs or expense arising therefrom, save only to the extent that such sickness or accident was caused by willful act or gross negligence from the Operator and shall not be liable for any refund, either total or partial, of passage money paid. The Operator recommends that the client take out the necessary insurance to protect the passengers against such eventuality.
12. PASSPORTS & VISAS
The onus is upon the customer to ensure that passports and visas are valid for the countries visited. The company, their staff, and their agents cannot be held responsible for any visas, etc. not held by the guests, nor the costs of visas. Please ensure that your passport has four (4) blank pages free.
This agreement is made subject to and shall be governed by and construed according to the laws of company registration - South Africa.
14. Booking Process Explained
After filling out a booking request, the guest receives a quote, and if happy accepts the quote provided by the Operator. Here all relevant payment dates and discounts are shown, including banking details. Once the final payment has been received by the Operator, the guest will receive payment confirmation of monies received by the operator. Approximately 14 days before the start of the tour, the guest will receive the final documents.