Definitions:
‘Cape Vélo’ means Cape Vélo (Pty) Ltd and is a private company with limited liability duly incorporated in terms of the laws of the Republic of South Africa, under company registration number K2016189106.
‘Client’ means the individual to which Cape Vélo renders a Service, as confirmed in the Booking Form.
‘Tour’ means the cycle tour(s) which the Client has selected in writing over email or via Cape Vélo’s online form.
‘Service’ means all the service(s) rendered by Cape Vélo to the Client in respect of the Client’s participation in the Tour
‘Booking’ means the Booking made by the Client relating to the provision of Services by Cape Vélo, upon submission of a Booking Form and payment.
Cape Vélo offers single and multi-day guided road cycling and mountain bike tours in the Western Cape Province. Any client deciding to participate in the Services offered by Cape Vélo is notified and agrees to the following terms and conditions:
Payments and Cancellation
Cancellation by the Client
The full price of the Tour is taken at the moment of booking. Should a Client cancel a Tour, depending on the length of time before commencement of the tour, the cancellation policy is as follows:
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30+ days notice: 100% refund minus any administration charges from third parties
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14-29 days notice: 50% refund
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7-13 days notice: 25% refund
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<7 days notice: no refund (date changes may be possible if tour guide / bike rental availability allows)
Cancellation by Cape Vélo
In the event that Cape Vélo needs to cancel a Tour, we shall suggest alternative dates for the Tour, subject to the availability of the Client. Should the Client be unable to participate in the Tour on the dates proposed, Cape Vélo shall refund the total cost of the Tour, as paid by the Client upon Booking.
Responsibilities of the Client:
Participants of the Tour affirm that they are entirely responsible for their own actions, and that any claim for damages to the Company Cape Vélo are waived.
In particular, clients declare that:
- They are able to use the equipment provided safely and competently
- They are responsible for the maintenance and repair of their bike at all times during the Tour
- When on the bike, the Client will wear a suitable helmet and appropriate riding attire
- They are of good health and free from any ailment that may be aggravated by strenuous activity and or weather conditions including high humidity and heat;
- They are responsible for their own behaviors during the tour, including eating behavior, pointing beforehand at the time of booking if they suffer of any food intolerance or allergy.
- Be responsible to obtain adequate insurance in respect of his goods and his/her person in the event of any damage or loss suffered by him/her howsoever arising, as a result of theft, loss or damage to his property and/or personal injury howsoever arising during his participation in the Tour
- Ensure that he/she is in possession of a valid passport, visas and all relevant travel documentation in the event that the Client is not a South African resident;
- Comply with all rules relating to the use of public roads and comply with all the safety regulations issued by Cape Vélo;
- Follow the route provided by Cape Vélo and obey the directions of Cape Vélo’s tour guide;
- Not trespass on land which is not open to the public, unless Cape Vélo has obtained the express consent of the owner to enter such land;
- Not litter or damage any property during the Tour; and
- Ensure that he is in possession of sufficient water and nutrition necessary to sustain himself during the Tour.
The Client warrants, at the time of making the Booking and at commencement of the Tour, that –
- He acknowledges and understands the nature of the Tour and the physical and mental requirements and ability necessary to participate in the Tour;he possesses the necessary experience and knowledge to participate in the Tour;
- He is in a suitable physical and mental condition to participate in the Tour and is in possession of any medication which he requires to maintain his condition; and
- No qualified medical practitioner has advised the Client against participating in the Tour or in any way cautioned the Client against participating in any physically demanding or strenuous activity.
Client Exclusion from a Tour
Cape Vélo shall be entitled to exclude the Client from participation in a Tour, without refunding the Client, in any of the following situations –
- A breach by the Client of his obligations in terms of this Agreement on more than three occasions;
- Should Cape Vélo determine that the Client’s bike is not in a good order and condition,
- the Client being charged with the commission of an unlawful act within the Republic of South Africa, which in the opinion of Cape Vélo justifies such exclusion from the Tour having regard for the safety of the other participants in the Tour
- Should Cape Vélo decide that the Client is not in a suitable physical or mental condition to participate in the Tour; and
- With regards for the safety of the other participants and their personal items, Cape Vélo determines that it will be prejudicial to the other participants in the Tour to allow the Client to participate in the Tour.
In any of the above instances and subsequent exclusion from the Tour, Cape Vélo shall be entitled to retain the Fee in lieu of damages.
Medical Assistance
The Parties record that Cape Vélo is under no obligation to provide the Client with any medical assistance required by the Client during the Tour. Cape Vélo shall nonetheless, in the event of a medical emergency, undertake all reasonable efforts to contact medical emergency services, provided that all costs of medical treatment shall be for the account of the Client.
Exclusion of Liabilty
It is recorded that the risk and dangers posed by the Client’s participation in the Tour are beyond the control of Cape Vélo. It is further recorded that the Client may suffer loss or damage as a result of the actions of third parties. The Parties accordingly agree that it is fair and reasonable to exclude the liability of Cape Vélo for any loss, injury or damage suffered by the Client as a result of theprovision of the Services, specifically including his/her participation in the Tour.
The Client understands and assumes all risks and liability relating to the conclusion of this Agreement and in particular his/her participation in the Tour.
Cape Vélo shall be under no liability to the Client whatsoever by reason of any loss, injury or damage whatsoever sustained by the Client or any third Party, arising in any way whatsoever, whether directly or indirectly, out of provision of the Services by Cape Vélo, including but not limited to the Client’s participation in the Tour, accommodation arranged by Cape Vélo, any meals, snacks or refreshments supplied or arranged by Cape Vélo, and the transportation of the Client and his goods.
Indemnity
The Client hereby indemnifies Cape Vélo against and holds it harmless from any claims, liability, damage, loss, penalty, expense and cost of any nature whatsoever which Cape Vélo may sustain as a result of or attributable to a breach of or failure to comply with any of the warranties, representations or obligations contained in this Agreement or the failure of any of the warranties contained in this Agreement to be true or correct.
The Client hereby indemnifies and holds Cape Vélo harmless against any and all losses, injury, damage or claim of whatsoever nature and howsoever arising from or in connection with the provision of the Services, whether or not such claims are caused by any act or omission on the part of the Cape Vélo, its agents, representatives or employees.
Intellectual Property
The Parties agree that the intellectual property rights in respect of any photographs, video recordings, drawings and written or oral material which are created during the course of the Tour shall vest in Cape Vélo and Cape Vélo shall be entitled to use such photographs, video recordings, drawings and written or oral material for the purpose of advertising and publicity of Cape Vélo.
Force Majeure
Neither Party shall be under any liability to the other in respect of anything which, apart from this provision, may constitute a breach of this Agreement arising by reason of force majeure, namely circumstances beyond the control of either Party which shall include acts of God, fire, flood, civil commotion, acts of local government and parliamentary authority, breakdown of power supplies and of communication lines.
Privacy
Cape Vélo respects and follows South African privacy laws and standards outlined in the Protection of Personal Information Act. When you send us information about yourself you agree that we can use it for our company’s purposes, however this information will never be shared with third parties according with the above laws. When you provide us with your name and e-mail address we deem this as giving us permission to contact you further.
