SA KITESURF ADVENTURES TERMS AND CONDITIONS FOR TRAVEL
These are the terms under which we offer SA Kitesurf Adventures Tours. By registering and paying your deposit for a Tour, you are entering into this Participant Agreement with us. Please read these terms carefully before making a deposit or payment for any of our Tours.
SA Kitesurf Adventures Participant Agreement
Pricing and Inclusions
Quoted Tour prices are per person, double occupancy except where indicated. Prices include programming, planning, handling and operational charges and are based on current rates of exchange, tariffs and taxes in effect at the time of publication. We reserve the right to increase tour prices to cover increased costs, tariffs, taxes and V.A.T. received after prices are published and to reflect fluctuations in foreign exchange markets. We will not give a breakdown in the price of a Tour or its parts. Modification of Tour content size will not affect the published price. Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Once you have received a quote the price will be locked in provided you pay the required deposit prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website.
The price of your tour includes:
- All accommodation as listed on the trip webpage
- All transport as listed on the trip webpage
- Activities and meals as listed on the trip webpage
- Services of group leaders as described on the trip webpage
Exclusions
Quoted Tour prices exclude: trip insurance; airfares between points on the Tour; international airfare, including airfare and other transportation to and from the Tour (unless otherwise noted); costs associated with obtaining passports or entry visas; airport departure taxes (unless otherwise noted); excess baggage charges; gratuities to the Tour directors, drivers and guides; meals other than those specified in the Itinerary; sightseeing not included in the Itinerary; and personal expenses such as laundry, communication charges and optional activities (which are subject to availability).
Optional Activities
Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.
Single Travelers
Tour prices are based on double occupancy. Single travelers will be expected to pay the single supplement fee if they do not wish to share a room.
Reservations and Payments
You are required to pay a non-refundable $500 deposit per person per trip for your booking to be confirmed. Final payment is due thirty-one (31) days prior to departure unless otherwise indicated on the website. If your booking is made within 31 days of the departure date, the full amount is payable at the time of booking. Upon receipt of the deposit or payment we will send you confirmation of your booking. Your final payment date will be listed on the confirmation. If a Tour is already full, we will accept deposits on a standby basis. If space becomes available, you will have the choice of joining the Tour by paying in full or forfeiting the space in return for a refund of your deposit. The specific payment schedule for the 2019 South Africa Kitesurf Safari is as follows:
- November 16, 2018 $500 Non-Refundable Deposit
- December 3, 2018 $875 Half Trip Payment for Total of $1,375
- January 7, 2019 $1,375 Full Trip Payment for Total of $2,750
Your Details
In order for us to confirm your travel arrangements you must provide all requested details with the balance of the full trip price. Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form. Your booking cannot be confirmed without provision of these details.
Travel Insurance
Travel insurance is compulsory for all SAK Adventures’ travelers. You must provide proof of your travel insurance prior to trip departure from your home country; you will not be able to join the trip without it. At a minimum, your travel insurance should be 'comprehensive', providing cover against personal accident, death, medical expenses, emergency repatriation and personal liability, with a minimum coverage of US $100,000 for Emergency Medical and $1,000,000 for Medical Evacuation and Repatriation; hazardous sports insurance must also be included as part of your plan. Additionally, we strongly recommend your travel insurance cover cancellation, curtailment and loss of luggage and personal effects.
Cancellation by You (the Traveler)
We must receive your cancellation notice in writing by email, fax or overnight courier, and your cancellation date will be the date on which we receive your notice.
If payments are made in installments on the dates outlined under Reservations and Payments, no refunds will be issued for client cancellations once payments are made.
If payments are made for $2,750 in full, for cancellations made by the client before December 3, 2018, the client will receive a full refund, less the $500 non-refundable deposit, of $2,250. For cancellations made by the client after December 2, 2018, but before January 7, 2019, the client will receive a 50% refund of the trip cost, of $1,375. No refunds will be issued for cancellations made by clients after January 7, 2019.
You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. Your decision not to participate on the tour due to State of Department warnings, fear of travel, illness, or any other reason will be deemed a cancellation. If, for any reason, you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees that may be levied by accommodation providers, travel agents or third party tour and transport operator fees. Any penalty imposed by an airline for travel to or from the Tour, is your responsibility.
Cancellation by Us (SA Kitesurf)
We reserve the right to cancel any Tour because of inadequate enrollment that makes the trip economically infeasible to operate or because of our concerns with respect to the safety, health or welfare of our travelers or staff. If we cancel a Tour, our liability is limited to a full refund of your payments to us and we will not be liable for any other costs, damages or refunds of any kind for any loss, delay, inconvenience, disappointment or expense whatsoever in such circumstances. If a Tour in progress must be interrupted or cancelled, our liability shall be strictly limited to the refund of the recoverable cost of any unused portion of the Tour.
Flexibility and Change of Itinerary
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. While we endeavor to operate all trips as described we reserve the right to change the trip itinerary due to availability and factors beyond our control. We may in our sole discretion substitute services such as hotels or goods of similar quality for any service or good stated in the Itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
Passports and Visas
You are solely responsible for complying with passport and visa requirements. For U.S. travelers, international travel requires a passport valid 6 months beyond your intended return travel date. You will also need to have at least two consecutive blank visa pages within your passport. It is recommended that you check with the U.S. Department of State website for the latest passport and visa requirements. We are not responsible if you are refused entry to a country because you lack the correct passport, visa, or other travel documentation.
Baggage
We assume no liability for loss or damage to baggage in transit to and from a Tour or while on a Tour. We recommend purchasing a supplemental travel insurance package.
Age Requirements
Minimum Age: For the majority of our trips the minimum age is 12 at the time of travel. All travelers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the day-to-day care of the traveler under the age of 18. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document to delegate their authority. Please note we cannot guarantee triple or joining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.
Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Conduct During the Tour
Group leaders run our trips. You are responsible for respecting the authority and following the directions of the Tour guide(s) and the laws of the countries in your Itinerary during a Tour. We may exclude you from participating in all or any part of the Tour if, in our sole discretion, your condition or behavior renders you unfit for the Tour or unfit for continuation once the Tour has begun, with no right of refund. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Tour services or may constitute a hazard or embarrassment. Should you decide for any reason not to participate in certain parts of the Tour or use certain goods included in the Tour, no refunds will be made for those unused parts of the Tour or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses or liabilities arising out of your actions or the actions or omissions of any minors traveling with you.
Limitation of Liability
We contract with a network of companies, government agencies and individuals to assist in the running of our trips as agent for these third parties. We are not responsible for the acts and omissions of these third parties.
To the fullest extent permitted by law:
- Any liability for any loss, death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a trip, or any breach of the Booking Conditions, is excluded;
- You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a trip; and
- Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty), is excluded. To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar trip to an equivalent value; or (ii) a refund of the total amount received by us from you in connection with your booking. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
Force Majeure
We assume no responsibility for any personal injury, property damage or other loss, accident, delay, inconvenience or irregularity which may be occasioned by reason of any matter beyond our exclusive control including but not limited to a delay or cancellation that causes you to miss all or any portion of the Tour, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes or strikes. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards or climate extremes at locations to which you may travel. You understand that health care standards, facilities and services abroad may be different or even inadequate for treating health conditions. For information concerning possible dangers at foreign destinations, we recommend contacting the Travel Warnings Section of the U.S. State Department, www.travel.state.gov, and click on “Travel Warnings.” For medical information, we recommend contacting the Centers for Disease Control at www.cdc.gov/travel. If we offer any health related requirements or advice, please note that we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.
Assumption of Risks and Release
If you participate in activities during your Tour, certain risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping and terrorist activities; dangers and risks inherent in activities in underdeveloped countries; and dangers of local law enforcement activity. You hereby expressly assume all of these risks and dangers, and you hereby expressly agree to forever release, discharge and hold us and our agents, employees, officers and directors, harmless against any and all liability, actions, causes of actions, suits, claims and demands of any and every kind and nature whatsoever which you now have or which may hereafter arise out of or in connection with your Tour or participation in any activities in which you participate. Active Elements, Medical
Conditions and Special Assistance
Our Tours incorporate active elements such as kitesurfing, hiking, climbing or biking; you are responsible for familiarizing yourself with the level of activity that will be involved in your Tour. You must disclose in your Participant Information Form (or at such later time when you become aware of such a condition) any existing physical or mental illness, disability, pregnancy or any other condition which may create a health hazard for yourself or others during the Tour or for which you may require medical attention or special accommodation during the Tour. We will make reasonable efforts to accommodate your needs, but you must notify us at the time of booking for a determination of what assistance we can reasonably provide. We regret that we cannot accommodate you if you have special needs for ordinary daily activities, such as walking and dining. In no instance will our Suppliers or we physically lift or assist you on to or off any vehicles. If we cannot accommodate your special needs, you must be accompanied by a companion who will be responsible for independently providing the needed assistance.
We reserve the right to decline acceptance of anyone we consider unsuitable due to fitness level. We also reserve the right to remove you from the Tour, at your own expense, if your condition is such that it could create a hazard to you or others, or otherwise impact the enjoyment of other passengers.
Claims and Complaints
If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.
Severability
In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding. If there are any conflicts between this Participant Agreement and the Itinerary, this Participant Agreement shall apply. We reserve the right to decline to do business with anyone on a nondiscriminatory basis.
Photos and Marketing
You hereby consent to our use of pictures or video of you in our marketing materials without compensation.
Privacy Policy
Any personal information that we collect about you will be used for purposes associated with the operation of a trip or to send you marketing material in relation to our events and special offers.
The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the trip. We will otherwise treat your details in accordance with our privacy policy.