TERMS & CONDITIONS
- Your Agreement
- Special Requests
- Your Responsibilities
- Your Financial Protection
- Your Tour Price
- If You Change or Transfer Your Booked Tour
- If You Cancel Your Tour
- If We Change or Cancel Your Tour
- If You Have A Complaint
- Our Liability to You
- Passport, Visa, Immigration Requirements and Local Laws and Regulations
- Health and Safety
- Data Protection
- Promotional Materials
Your contract is with Soul Navigation Adventures (SNA), a founder led adventure tour operator in the Eastern Cape province of South Africa. Physical address: 38 Main Road, Gonubie, East London, Buffalo City, Eastern Cape, South Africa, 5256.
All information has been compiled with reasonable care and is published in good faith. The contents on this website is based on knowledge and information available to SNA prior to publication. No warranty is given for the validity of the information supplied.
SNA owns and operates its own bikes, trailers, and employs its own crew. Where applicable locally arranged transport and crew, including ferries, buses or coaches are used. Where SNA owned vehicles and/or crew are not used for the above services, the client agrees that the obligation of SNA to the client is to select normally competent, independent sub-contractors to provide the necessary services related to the tour and to exercise reasonable care in selecting such suppliers to provide these services.
1.1 When you make a booking, you do so on behalf of yourself and others on whose behalf you have booked. You warrant and guarantee that you have the authority to accept and do accept these Conditions which shall apply to your booking to the exclusion of all other terms and conditions and that where you are making this booking on behalf of another person (the “Participant”) you have the authority to place this booking on behalf of such Participant.
1.2 When making a booking, you must submit to us your completed booking form and your deposit. The contract between us will come into existence once we have issued to you our confirmation invoice for the tour for which you have booked (“Tour”) as set out in Condition 1.3 below. The Contract shall continue until the Tour has ended but such expiry shall not affect accrued rights and liabilities of the parties and shall not affect any continuing obligations of the parties under the contract.
1.3 Our confirmation invoice will be issued only upon our receipt of your completed booking form and the full deposit in cleared funds. Issuance of our confirmation invoice is entirely at our discretion and you acknowledge that we have the right to refuse to accept anyone onto any Tour at our discretion. Please check the contents carefully and, in the event of any discrepancy, contact us immediately. Any discrepancies which are not notified to us within the timescale prescribed in these Conditions may lead to you incurring additional costs and charges.
1.4 You confirm that the booking form has been completed fully and accurately and you will inform us in writing as soon as possible, and not less than 60 days before the date of departure of the Tour (“Departure Date”) if any of the details provided on the application form have changed.
1.5 Subject to the Unfair Contract Terms Act 1977, all conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
1.6 The website and tour details are prepared many months before the Tour(s) commence and although every effort is made to ensure complete accuracy, it is inevitable that some of the prices or details may have changed since the website containing the Tour details were created. We will inform you prior to entering into the contract of any changes to the Tour that we are aware of at that time. All information given on the website is for information purposes only.
1.7 A person who is not a party to the contract or these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract or these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
1.8 Only SNA’s founder has authority to vary or waive any of these Conditions or promise any discount or refund.
1.9 You will be entitled within 5 days of the date of your booking confirmation to cancel your booking and if you do so during this “cooling off period” you will have no further liability to us and we will refund any deposit paid by you (minus any expenses already incurred which we are not able to recover such as trail permits, or late notice hotel bookings). It is strongly recommended that you use this cooling off period to thoroughly research your Tour and satisfy yourself that you can comply fully with these terms and conditions.
2. Special Requests
2.1 if you have any special requests, you should inform us of such requests at least 4 weeks prior to departure. We will advise the relevant supplier of your requirements but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met.
2.2 If you or any member of your party has any medical problem or disability, you are required to inform us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements, health and safety considerations and what, if any, reasonable adjustments are required to be made. In any event, you must give us full details in writing at the time of booking. If any medical problems or disabilities are suffered or arise between the medical declarations being submitted and the Departure Date you must notify us immediately. We reserve the right to decline or cancel a booking without having to pay any compensation if:
2.2.1 Any medical or disability is disclosed to us on the medical declaration form;
2.2.2 Any medical problem or disability is disclosed to us after the medical declaration form is submitted to us but before the Departure Date; or
2.2.3 Any medical problem or disability is not disclosed to us;
provided that in our belief such medical problem or disability is likely to endanger your health and safety and/or the health and safety of anyone else participating in the Tour. We may require you to obtain confirmation from a medical professional that you/the Participant are/is fit to travel. If we reasonably believe that you/the Participant is not sufficiently fit to take part in the Tour we may decline or cancel the booking at any time at our complete discretion.
2.3 Where you/a Participant has come into contact with any infectious disease you must notify us immediately. Where the Departure Date falls within accepted quarantine period for transmission of the disease, we reserve the right to cancel the booking as set out in Condition 2.2 above; this shall be deemed to be cancellation arising from an event of Force Majeure pursuant to Condition 8.6 and no compensation shall be payable to you or the Participant.
3. Your Responsibilities
3.1 by completing the booking form you/the Participant confirm that you/the Participant are aware of, understand and consent to the likely physical demands of the Tour. You/the Participant confirm that you are aware of the possible effects of such things as, but not restricted to, biking or trekking at high altitude, bush, desert, hot and cold environments and other inhospitable environments and declare yourself/the Participant to be sufficiently physically fit and medically healthy to participate safely. You confirm that you/the Participant accept(s) the authority of the leader of the Tour (“Tour Leader”).
3.2 By completing the booking form you/the Participant confirm that you/the Participant are aware that overseas standards of health and hygiene vary from country to country, and are seldom as high as they are in “First World” countries. The Tour may be challenging and include visits to remote areas. You should be aware of the risks to your health from sources such as, but not restricted to, poor local hygiene, high altitude, heat related illnesses, fatigue, and physical injury.
3.3 You/the Participant are responsible for your own equipment and belongings during the Tour and bear the sole responsibility for wear and tear and incidental or accidental damage to your own equipment. We recommend that you take out adequate insurance to cover your equipment. You/the Participant will be provided with a list of suggested equipment to bring on to the Tour.
3.4 You/the Participant must at all times throughout the Tour abide by the laws and customs of the countries visited and behave in a respectful and considerate manner to local people and to other members of the Tour.
3.5 You/the Participant’s behaviour during the Tour must not prejudice the safety and wellbeing of any member of the Tour, or its satisfactory progress.
3.6 Any arrangements which you/the Participant make independently which do not form part of the published Tour itinerary are entirely at your own risk. In such an event all liability and responsibility that we bear to you/the Participant will immediately cease.
3.7 We provide equipment for the Tour, including but not limited to, tents and camping equipment and we are responsible for the maintenance of such equipment. Where you/the Participant deliberately or recklessly cause damage to any such equipment you shall indemnify us and keep us indemnified from all losses arising from any such wilful or reckless damage so caused including legal costs of making a recovery against you.
3.8 You will also be responsible for flights, airport taxes and other costs of travelling to and from the Tour.
4. Your Financial Protection
4.1 Should the Tour be cancelled by SNA or if SNA is unable to commence with the Tour for any reason you will be notified in advance and refunded. In the unlikely event that the Tour is cancelled for any reason beyond the control of SNA you will be refunded, less any expenses already incurred by SNA that cannot be recouped, such as monies paid over to suppliers that are non-refundable. SNA will also not be liable in such event for travel or other expenses incurred by ‘The Participant(s)’.
5. Your Trip Price
5.1 We reserve the right to alter the price of the Tour up to 31 days before departure. You will be advised of the current price of the Tour that you wish to book before your booking is confirmed.
5.2 When you make your booking you must pay a non-refundable deposit of 50% of the Tour cost amount. You must pay the balance of the cost of the Tour no later than one month prior to the Departure Date. If the deposit, interim payments and/or balance are not paid on time, we may cancel your booking and the contract between us. If the balance is not paid in time and we cancel your booking we shall retain your deposit and any instalments paid by you.
5.3 Changes in transportation costs, including the cost of fuel, taxes, duties or fees chargeable for services and fluctuation in exchange rates mean that the price of your Tour may change after you have booked. There will be no change to the price of the Tour within 30 days of your Departure Date.
6. If You Change or Transfer Your Booked Tour
6.1 We start to incur costs from the moment you make your booking. If, after our confirmation has been issued, you wish to significantly change your Tour, or transfer your tour to a new departure date, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from you. You will be asked to pay an administration charge of fifty dollars ($50.00) per person and any further cost we incur in making this alteration (an “Amendment Charge”). You should be aware that these costs could increase the closer to the Departure Date that changes are made and you should contact us as soon as possible if you need to amend the booking. Discretion is used to determine any non-transferrable costs incurred on behalf of the client by SNA (these would be payable in addition to the transfer fee). Transfer requests received less than ten weeks before departure will be treated as a cancellation and subject to the charges below.
6.2 We may, at our absolute discretion, no later than 10 weeks prior to the Departure Date allow you to transfer your booking to another person, provided that such other person indicates their acceptance of these Terms and Conditions. In the event of such a transfer a fee of $50) per person shall be payable by you to cover the costs incurred by us in making this alteration. We accept no liability to you if we refuse to transfer your booking to another person for any reason. Discretion is used to determine any non-transferrable costs incurred on behalf of the client by SNA (these would be payable in addition to the transfer fee). Transfer requests received less than ten weeks before departure will be treated as a cancellation and subject to the charges below.
6.3 Note: Most travel arrangements may not be changeable after a booking has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the Tour.
7. If You Cancel Your Tour
7.1 you may cancel your Tour at any time. Your written notification must be received at our office. Since we incur costs in cancelling your Tour, you will have to pay the applicable cancellation charges up to the maximum shown below. We recommend that your travel insurance provides for your reimbursement in the event of a cancellation. You will remain liable for any losses arising from your/the Participant’s breach of the Conditions of the Contract.
Cancellation until 70 days prior to Departure Date
Loss of deposit
Cancellation between 69 and 46 days prior to Departure Date
Loss of deposit plus 25% of balance
Cancellation between 45 and 28 days prior to Departure Date
Loss of deposit plus 50% of balance
Cancellation within 27 days of Departure Date
0% of total price refundable
7.2 Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges but it is your sole responsibility to do so and we accept no liability for any acts or omissions of your insurance company.
8. If We Change or Cancel Your Tour
8.1 It is unlikely that we will have to make any changes to your Tour, but we do plan all Tours many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your Tour. For example, if the minimum number of clients required for a particular Tour is not reached, we may have to cancel it.
We will not cancel your Tour less than 30 days before your Departure Date, except for reasons of Force Majeure or failure by you to pay the final balance. If we are unable to provide the Tour, you can either have a refund of all monies paid or accept an offer of an alternative Tour of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your Tour for reasons other than Force Majeure, we will pay to you compensation as set out in the table below Condition 8.4. If we cancel the Tour we will not be liable for any indirect or consequential loss suffered by you such as, but not limited to, prior or subsequent travel arrangements, tours or flight arrangements.
8.4 If we make a major change to your Tour, we will inform you as soon as reasonably possible if there is time before your Departure Date. You will have the choice of either accepting the change of arrangements, accepting an offer of an alternative Tour of comparable standard from us if available (we will refund any price difference if the alternative is of a lower price), or cancelling your Tour and receiving a full refund of all monies paid. In all cases of major change, except where the major change arises due to reasons of Force Majeure, we will pay compensation as detailed below:
IF WE MAKE A MAJOR CHANGE TO OR CANCEL YOUR TRIP
Period before departure within which notice of Cancellation or major change is notified to you
Amount you will receive from us
More than 42 days
41 – 28 days
27 – 14 days
13 days – date of travel
8.5 The compensation that we offer does not exclude you from claiming more if you are entitled to do so in law.
8.6 Force Majeure: This means that we will not pay you compensation if we have to cancel or change your Trip in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, epidemics or health risks, closed or congested airports, ports or stations, poor local infrastructure, changes imposed by re-scheduling or cancellation of transport by the transport supplier, the alteration of transport or transport types, adverse weather conditions (actual or threatened), technical failure with transport, Tourism Office advice changing and advising against travel to the Tour destination.
9. If You Have A Complaint
9.1 If you have a problem during your Tour, please inform the Tour Leader immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up by writing to our Operations Director at our office giving your booking reference and all other relevant information and, where possible, evidence. We must receive any such complaint not later than 28 days from the date of completion of your Tour. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
9.2 It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our Tour Leader without delay.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in-country and this may affect your rights under this Contract as you will have failed to have mitigated (minimised) your losses and you may be unable to recover compensation.
10. Our Liability to You
10.1 Our obligations and those of our suppliers providing any service or facility included in your Tour are to take reasonable skill and care to arrange for the provision of such services and facilities and where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care.
10.2 You should be aware that standards including safety and hygiene may be lower than you would expect in “First World” countries. The services provided as part of the Contract we have with you will be deemed to be provided with reasonable skill and care if they comply with the local (in country) standards where the service is delivered.
10.3 If the Contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your Tour. However we will not be liable where any failure in the performance of the Contract is due to:
10.3.1 You/the Participant;
10.3.2 A third party unconnected with the provision of the Tour and where the failure is unforeseeable or unavoidable;
10.3.3 Unusual and/or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
10.3.4 An event which we or our suppliers, even with all due care, could not foresee or forestall.
10.4 We do not accept any liability or responsibility for any personal possessions (including but not limited to cameras, jewellery, valuables and money) which is carried on or in our vehicles, carried on public transport or transport supplied by independent subcontractors, left in accommodation provided by us or our suppliers during a Tour or left in our care during a Tour; such items are carried and/or left at your own risk.
11. Passport, Visa, Immigration Requirements and Local Laws and Regulations
11.1 Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility and shall not be liable if you/the Participant cannot travel or cannot participate in any part of the Tour because you/the Participant have not complied with any passport, visa or immigration requirements.
11.2 You are responsible for obtaining and having available the necessary documents (including but not limited to full, current passport with enough blank pages to complete the Tour and valid for at least 9 months from the last day of the Trip and visas for all periods, countries and territories within the Tour) enabling you to participate in the Tour and shall comply with all local legislation and regulations of the Countries in which the Tour takes place (including immigration requirements, customs regulations and currency exchange). You shall indemnify us against any loss or expense that we may incur or suffer as a result of breach of this Condition by you.
12.1 Excursions or other tours that you may choose to book or pay for whilst you are on Tour are not part of your Tour arrangements provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
13.1 Whilst a Tour is in progress you will (or where a Parent or Legal Guardian has entered into this Contract on behalf of a Participant they will ensure that the Participant will) act at all times in accordance with all reasonable instructions from us and/or the Tour Leader.
13.2 We may exclude you/the Participant from the Tour or any part thereof at any time (including during the Tour itself) if we are of the opinion that you (or the Participant) are likely to prejudice the good order, discipline or safety of the Tour, including as a result of you failing to comply with the Tour Leader’s instructions, breaking any law or regulation of any country where the Tour takes place or you (or the Participant) fail to adhere to the Tour Code of Conduct, provided that we exercise our discretion reasonably in this regard. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result of our decision to exclude the you/Participant.
13.3 In the event of you/a Participant being excluded from a Tour under the provisions of this Condition, no refunds will be given and we will not be responsible for and you agree to indemnify us against any costs arising including costs of repatriation e.g. flights and losses or expenses.
14. Health and Safety
14.1 By completing the declaration on the booking form you confirm that you appreciate the risks involved in the Trip and that you (or where you are the Parent or Legal Guardian, the Participant) do/does not suffer (or has ever suffered) from any pre – existing medical condition that may actively prevent you/them from actively participating in the Tour other than those that have been declared to us.
14.2 It is your responsibility to ensure that you/the Participant are medically fit enough to undertake the Tour and to ensure that you have received the necessary inoculations and medications (and taken them as prescribed by your doctor) relevant to the destination country. Unless informed otherwise in writing we will assume that you are in good health and are not aware of any reason why you (or the Participant) may be unsuited to taking part in the Tour. We recommend that you/the Participant consult your/their Doctor before making a booking to ensure that you/the Participant are medically fit and are fully aware regarding the immunizations and medical issues related to your/the Participant’s destination Country.
14.3 If you/the Participant have any pre-existing medical condition, illness or disability, are undergoing medical treatment or, since entering into the Contract, develop any medical condition, illness or disability or undergo any medical treatment; you will give us full particulars at the earliest opportunity and at the latest sixty (60) days before the Departure Date. If it is later discovered that a pre-existing condition was not declared within the specified time, and such condition would, if we had knowledge of it, have led to our refusal to accept or to cancel your booking, we reserve the right to withdraw you/the Participant from the Tour without any refund or recompense.
In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of a Participant being withdrawn from a Tour, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs, claims, losses and expenses arising including costs of repatriation e.g. flights and legal expenses.
14.4 By agreeing to these Conditions, you provide your consent to us and our insurers obtaining your/the Participant’s medical records should we consider it necessary. You will be responsible for any charges for the provision of the information.
14.5 We reserve the right to inspect your/the Participant’s vaccination book at any time and to withdraw you/the Participant from the Trip in the event that you/the Participant have not received and/or taken all the requisite inoculations and/or medication.
14.6 If the information provided by you is incorrect and we discover that the correct information affects your/the Participant’s suitability to take part in the Tour, we may terminate the Contract and withdraw you/the Participant from the Tour without refund or recompense, including during the Tour. In such event, you shall reimburse to us any reasonable costs, losses or expenses which we incur or suffer as a result. In the event of a Participant being withdrawn from a Tour, no refunds will be given and we will not be responsible for (and you agree to indemnify us against) any costs claims losses and expenses arising including costs of repatriation e.g. flights and legal expenses.
14.7 You agree and acknowledge that certain activities undertaken whilst you are on the Tour may be inherently hazardous and have risks associated with them. You agree to abide by all instructions given to you whilst you are on the Tour and you acknowledge that we cannot be held responsible for any injuries that may arise as a result of you failing to comply with such instructions.
15.1 All Participants must be covered by personal travel insurance. This must cover you fully against the cost of cancellation by you, medical care and repatriation should you become too ill to continue and must above all cover you against the cost of air evacuation should sickness or injury necessitate such a course of action. You should also note that passenger liability insurance covering vehicles, particularly in Third World countries, may be inadequate; it is therefore important that your insurance cover makes sufficient provision for your dependants in the event of an accident. Please note however that we have no control over the availability or standard of medical and repatriation services and facilities in the areas we visit and these do not form any part of our contract with you. Please remember that many of the areas we visit are not as developed as First World countries and the availability and standard of such services may well be lower. Please read your policy details carefully and take them with you when you travel. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check individual insurance policies for suitability.
16. Data Protection
16.1 We shall ensure that appropriate security measures are in place to protect your/the Participant’s personal data. When you make a booking, you consent to all the information you provide being passed on to our suppliers, agents, sub-contractors, employees or volunteers for the purposes of our providing you with the Tour.
17. Promotional Materials
17.1 By agreeing to these terms and conditions, you/the Participant consent (unless otherwise stated on your application form) to our staff taking photographs and or video footage of you/the Participant during the Tour and that these images may be used by us for publicity and training purposes including, but not limited to, in brochures, websites, marketing material and in the media.
18.1 We shall be entitled to novate or assign the Contract or any part of it to any third party. You shall not be entitled to assign the Contract or any part of it.
18.2 This Contract is made on the terms of these Conditions.
18.3 If any of these Conditions is found by any Court or other competent authority to be wholly or partly unfair or unenforceable the validity of the rest of the Booking Conditions and the rest of the Condition in question shall not be affected and shall remain valid and enforceable to the extent permitted by law.
18.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.
18.5 Where the context otherwise requires, words importing the singular meaning shall include the plural meaning and vice versa and words denoting the masculine gender shall include the feminine and neuter genders.
18.6 Where the context so admits, words denoting persons shall include natural persons, companies, corporations, firms, partnerships, limited liability partnerships, joint Tours, trusts, voluntary associations and other incorporated and/or unincorporated bodies or other entities (in each case, whether or not having separate legal personality) and all such words shall be construed interchangeably in that manner.
18.7 Any ‘linking’ to the SNA website must be authorised in writing or email by the founder/operations director of SNA.
The website and its contents are our responsibility. They are not issued on behalf of suppliers or third parties. Dates, prices and itineraries shown for trips departing from 01 January 2017 onwards are subject to change.
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