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Home > Booking Conditions | |
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| 'Cape Xtreme' | means Cape Xtreme Adventure Tours cc. |
| 'Holiday' | means the Holiday booked by you or any person on your behalf. |
| 'Travel Agent' | means any Agent through whom your booking with Cape Xtreme is made. |
| 'Force Majeure' | means any circumstances which are unusual and/or unforeseeable which are beyond the control of Cape Xtreme, the consequence of which could not have been avoided even if all due care had been exercised, including (but not limited to) war or threat of war; riot; civil strife; hostilities; political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity; weather conditions; closure of airports; fire; flood; drought; re-scheduling or cancellation of flights or alteration of the airline or aircraft type by an airline and technical problems with transportation that are outside our control. |
| 'Major Change' | includes:- (a) an alteration to your scheduled time of arrival of 12 hours or more; and/or (b) a change of accommodation to a materially lower rating; and/or (c) a significant change of activity area. |
1. General
(a) These conditions apply to all Holidays. These
conditions govern your relationship with Cape Xtreme and set out
details of Cape Xtreme obligations in relation to any Holiday which
you book or is booked on your behalf. Please read these conditions
carefully before making a booking.
(b) Please be aware that these terms include limitations
on the liability of Cape Xtreme and its' obligations relating to
any Holiday and certain exclusions of Cape Xtremes' responsibility.
These conditions do not govern your rights and/or duties in relation
to any other person or company whose services may be used on any
Holiday.
2. Your Holiday Contract
(a) When a booking is made, the 'cardholders name'
on the booking guarantees that he or she has the authority to accept
and does accept on behalf of the party the terms of these booking
conditions. A contract will exist as soon as we issue our confirmation
invoice. This contract is made on the terms of these booking conditions,
which are governed by South African Law, and the jurisdiction of
the South African Courts.
(b) On receipt by Cape Xtreme or the relevant Travel
Agent of your completed booking form and deposit(s) we will reserve
your Holiday in respect of all persons travelling. It is important
to check the details on the invoice when you get it, or if booking
late at the time of booking, that all the details are exactly as
you requested. In the event of any discrepancy, please contact us
or your travel agent immediately.
(c) If you want to cancel or change your booking
later you may have to pay amendment or cancellation costs (described
below) which may be as much as the whole Holiday cost.
(d) All brochure/website descriptions are made
in good faith and every care is taken to ensure their accuracy.
However, in view of the detail contained therein and the fact that
brochures/websites are necessarily prepared/created some time in
advance of distribution and of the Holidays; advertised facilities,
amenities, entertainment and schedules may, on occasion, be restricted,
curtailed, changed or cancelled. Therefore, changes may be made
to the particulars you have seen at any time before the contract
with you is made. In these circumstances, we will notify you of
such changes prior to confirmation of your booking.
3. Travel Documents
All passport, visa, travel insurance and health certificate requirements
are your responsibility and Cape Xtreme accept no responsibility
for any delay or expense incurred through any irregularity in your
documents. You are advised to consult your Travel Agent for exact
details.
4. Your Holiday Price
(a) When you make your booking you must pay a non-refundable
deposit of 20% of the total holiday price. The balance of the price
of your travel arrangements must be paid at least 4 weeks before
your departure date. If you book within 4 weeks of departure you
must pay the total price of the Holiday at the time of booking.
If the deposit and/or balance is not paid in time, we shall cancel
your travel arrangements. If the balance is not paid in time we
shall cancel your booking and retain your deposit. All monies you
pay to the Travel Agents are held by them on our behalf at all times.
If you are paying using your credit/debit card directly through
us, we will charge the balance of your holiday 4 weeks before your
departure date automatically. If you do not wish for us to do this
and wish to cancel your holiday, you must notify us beforehand.
(b) The price of your travel arrangements was calculated
using exchange rates quoted on www.xe.com
(c) Cape Xtreme reserve the right to raise or lower
its prices at any time before you book the Holiday. Prices may vary
in subsequent editions of brochures/websites and you should ensure
that you look at the most recent edition. Prices shown during the
online booking process may vary from those shown elsewhere on the
site. If, at the time of booking your Holiday the price has changed
from that you have seen, you will be told the revised price applicable
to the Holiday before you commit yourself. When you make a booking
on our website you will be shown prices that relate to the holiday
being booked. We will make every effort to ensure that these prices
are accurate. It is possible that these prices may be incorrect
due to a technical fault or circumstances beyond our control. If
this happens we will endeavour to contact you as soon as possible
to advise you of the correct price. When you receive this information
you will have the option to proceed with your booking with the corrected
price or cancel at no charge.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to
change your travel arrangements in any way, for example your chosen
departure date or activities, 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 from the person who made the booking or your
Travel Agent. You will be asked to pay an administration charge
per person and any further cost we incur in making this alteration.
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.
6. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements
at any time. Written notification by mail, email or fax from the
'cardholders name' on the booking or your Travel Agent on your behalf,
must be received at our offices. Since we incur costs in cancelling
your travel arrangements, you will have to pay the applicable cancellation
charges up to the maximum shown in 6(b).
If We Change or Cancel Your Holiday
(a) It is unlikely that we will have to make any
changes to your travel arrangements but we do plan the arrangements
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 or your Travel Agent of them
at the earliest possible date. We also reserve the right in any
circumstances to cancel your travel arrangements. For example, if
the minimum number of clients required for a particular travel arrangement
is not reached, we may have to cancel it. If we are unable to provide
the booked travel arrangements, you can either have a refund of
all monies paid or accept an offer of alternative travel arrangements
of equivalent standard from us, if available. If it is necessary
to cancel your travel arrangements, except where cancellation is
due to non payment by you of your final balance, we will pay to
you minimum compensation as set out below.
(b)
| Period before departure within which notice of cancellation or major change is received by us in writing or notified to you | If we make a major change to your holiday | If we cancel your holiday - Amount you receive from us | If you cancel your holiday - Amount of cancellation charge plus deposit |
| More than 4 weeks | 0% | Deposit only | Deposit only |
| Within 4 weeks | 0% | 100% of holiday | 100% of holiday |
7. Compensation will not be payable and we will not otherwise be liable to you if we are forced to cancel, delay or curtail or in any way change your holiday as a result of Force Majeure as detailed previously.
8. Flight Delay
If you have purchased our “airport pickup” service and
your flight has been delayed, we will organize alternative transport
to allow you to join the main group. This additional service will
be charged to you as an extra and any activities you may have missed
will not be refunded. If you however have booked a private tour
with us which includes an airport pickup, we will wait for your
flight to arrive. However if your flight is delayed, and it disrupts
organised activities and /or accommodation, any additional costs
we incur will be payable by you, and any activities you may have
missed will not be refunded.
9. Flights and Other Services
We do not organize flights for our customers and accept no responsibility
regarding flights and travel insurance. We have partnerships with
leading travel agents who will organize the appropriate arrangements.
10. If You Have A Complaint
If you experience any difficulties please contact our customer
service team
11. Our Liability To You
Cape Xtreme, or its employees, servants and agents can/will not
be held responsible for any accident, injury, illness, death, loss
or delay from any cause whatsoever sustained or suffered by any
person during matters related to accommodating, transporting, sightseeing,
and activities of any means whilst on our tour.
12. Personal Injury
We do not accept any responsibility if you or anyone in your party
suffer death, illness or injury. You join our tours at your own
risk. We will however assist you and do our very best to help in
anyway possible.
13. Data Protection
Except where expressly permitted by the Data Protection Act, we
will only deal with the personal details you give us in respect
of your holiday arrangements, unless you agree otherwise. For example,
if we wish to use any of your personal details for marketing purposes,
we will tell you this when we ask for your details and give you
the opportunity to say no if you do not want us to do so.
14. Disabled Clients
Due to the types of activities we will be partaking in, you agree
that you are physically fit and capable of performing such activities.
15. Changes Beyond Our Control
We will not be liable to pay any compensation if we are forced to
cancel or in any way change your holiday as a result of a situation
outside our control, which neither we nor our suppliers could foresee
or forestall even with all due care. For example, natural disaster,
bad weather, etc.
16. Transaction Currency
We are a South African merchant and advertise prices in several
currencies, ZAR being our base currency. If a customer pays using
a non ZAR currency, the amount debited to the cardholder's account
will be as close to the advertised price as possible.
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