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 AFRICAN BIKERS TOURS CC, hereinafter
referred to as the “Operator”.
1.) Conclusion of the travel contract
On receipt of your signed booking form by AFRICAN BIKERS TOURS a travel
contract between you AFRICAN BIKERS TOURS is concluded. The following
terms are part of this contract. The booking is done through the signing
person for all other participants listed in the booking form. Therefore
the signing person is also liable for all other participants listed in
the booking form.
2.) Payment
The full amount is payable prior to commencement of a tour.
- For bookings made 30 days or more prior to departure the deposit for
the booked tour according to the price list is payable.
- For bookings made less than 30 days prior to departure the full amount
for the booked tour is payable immediately.
Non-compliance with the mentioned terms of payment entitles AFRICAN BIKERS
TOURS to cancel your booking and charge the full cancellation fees as
mentioned in Pos. 5.
3.) Change of prices and schedules
Changes in price on behalf of AFRICAN BIKERS TOURS are allowed in the
following instances:
- Increase of transport costs (fuel, taxes etc.)
- Exchange rates (the advertised rates are based on exchange rates at
the time of going to press)
AFRICAN BIKERS TOURS undertakes to inform you about any price increase
latest 21 days prior to departure. Should the price increase exceed 5%
you are entitled to cancel the travel contract without any cancellation
fees. AFRICAN BIKERS TOURS reserves the right to minor changes to the
tour schedule (accommodation, way of transport, route, times etc.) should
unforeseeable circumstances make this necessary. Should substantial changes
become necessary AFRICAN BIKERS TOURS undertakes to inform you as soon
as possible. In this event you are entitled to cancel the travel contact
without any cancellation fee. Should AFRICAN BIKERS TOURS after the departure
date realize that a major part of the agreed on schedule cannot be delivered,
AFRICAN BIKERS TOURS will make every possible effort to deliver an alternative
schedule of equal value.
4.) Replacing persons
Until 14 days prior to the date of commencement of a tour you are entitled
to let yourself be replaced by a third person for a transfer charge of
US$ 100.-.
The replacement person should meet the required standards of fitness according
to the published tour schedule and his/her participation must not conflict
with any legal regulations.
5.) Cancellation through the client
The client is entitled to cancel the contract at any time on the following
terms:
- up to 30 days prior to departure the full deposit according to the price
list is payable
- 30 to 8 days prior to departure 50% of the full price per person is
payable
- 7 days and less prior to departure 90% of the full price per person
is payable.
6.) Cancellation through the tour operator
If the minimum number of participants required for a tour is not reached,
AFRICAN BIKERS TOURS is entitled to cancel a tour not less than 4 weeks
prior to the departure date. Already paid amounts are refunded without
deductions. AFRICAN BIKERS TOURS is entitled to cancel a contract at a
later stage if the tour is expected to be endangered or largely affected
by unforeseeable circumstances such as civil or political unrest, strike,
government action, quarantine restrictions, natural disaster etc. or events
that could not be foreseen even with all due care. If the contract is
cancelled AFRICAN BIKERS TOURS is entitled to claim an adequate compensation
for already delivered services or services still needed to be delivered
in order to finish the tour.
7.) Complaints
Should the tour fail substantially to correspond with the schedule laid
out in the tour description you are entitled and obliged to bring any
shortcoming to your tour guide’s attention immediately and to demand
them to be redressed. Should you tour guide not offer an appropriate solution
within 48 hours you are entitled to redress the situation yourself. Any
resulting costs will be carried by AFRICAN BIKERS TOURS within the schedule
agreed on in the travel contract provided they are claimed in writing
AFRICAN BIKERS TOURS no longer than 30 days after finishing the tour.
Any claim is fortified if the complaint is not lodged immediately.
8.) Liability
The liability of AFRICAN BIKERS TOURS for damages to property is limited
to three times the selling price. AFRICAN BIKERS TOURS cannot be held
liable for damages to property, if they are caused by your own negligence
or actions or by not avertable negligence or actions of a third party
not being involved in carrying out the contract or by force majeure or
by any other not foreseeable or not avertable event. Delays or changes
within the tour schedule which can be attributed to special circumstances
in a country or force majeure and on which AFRICAN BIKERS TOURS has no
influence and the consequences of which cannot be averted even with all
due care do not represent a deficiency entitling to any reduction. AFRICAN
BIKERS TOURS cannot be held liable for the services of air carriers. A
possible claim is handled in accordance to the regulations of the concerned
companies.
9.) Health and visa regulations
The necessary preparations (passport, visa, vaccinations) as well as the
compliance with regulations concerning visa, health or vaccinations are
your own responsibility. Any costs caused by negligence in this regard
have to be fully carried by yourself.
10.) Insurance
At AFRICAN BIKERS TOURS you are not insured against accident or illness.
It is your own obligation to check on your insurance policy and if necessary
take out any additional insurance for cover abroad.
11.) Final agreement
The invalidity of parts of the terms of contract do not result in the
invalidity of the entire contract. For any claims against AFRICAN BIKERS
TOURS the legal domicile is in Cape Town, South Africa.
