Terms and Conditions

South Africa MTB Experience B.V.

1. Terms

Activity the activity as included in the Agreement, namely mountain biking in South Africa;

Agreement the agreement relating to the Trip, including the Terms and Conditions of Travel;

Travel a package tour;

Travel Conditions these general terms and conditions;

Traveler any natural person who intends to enter into or has entered into a contract with ZA MTB Experience relating to a Trip; and

ZA MTB Experience the tour operator, South Africa MTB Experience B.V., Chamber of Commerce number 89781252.

2. Applicability

The Travel Terms and Conditions shall apply to all Journeys offered by ZA MTB Experience and/or Contracts concluded with ZA MTB Experience.

1. Booking
   • Booking for a Trip can only be done through the website mtbzuidafrika.nl. After receiving a registration via the website, the Traveler will receive a booking confirmation. Subject to the Travel Terms and Conditions, an Agreement only comes into effect upon receipt of the booking confirmation.
   • Minors under the age of 18 are not allowed.
   • A booking of a Trip is final. The Traveler has no right to revoke the Agreement.
   • Air travel is not included in the Trip. The Traveler must purchase their own air ticket.
2. Travel time
   • Trip duration is stated in whole days both on website and booking confirmation. The Trip starts from the airport of arrival and ends at the airport of departure, both Cape Town (South Africa). If the Traveler does not use transportation to and/or from the airport, the Trip starts or ends at the accommodation.
3. Travel documents
   • The Traveler must have the necessary travel documents during the Trip, including a valid passport and possibly a visa. The Traveler must check with the official authorities that the information is complete and up to date (advice: download the Travel App from the Ministry of Foreign Affairs and Customs).
   • In the event that the Traveler cannot make the Trip in whole or in part due to the absence of proper travel documents, the costs shall be borne by the Traveler.
4. Obligations of the Traveler
   • Before commencement of the Trip, the Traveler must report to ZA MTB Experience important information such as illnesses and/or use of medication, among others. Failure, incomplete or incorrect provision of this information may result in exclusion from participation in the Trip. The refund costs as included in clause 12.2 will then apply.
   • The Traveler must be able to complete the Activity with the requested or expected (technical) level and condition. The Traveler himself is responsible for assessing this. On the Youtube channel of ZA MTB Experience the Traveler can get a good impression which level and condition the Traveler should have in order to be able to participate in the Activity.
   • If the Traveler is unable to complete the Activity due to a physical, mental or other impeding cause, ZA MTB Experience shall be entitled to exclude the Traveler from (further) participation in an Activity or to cancel the entire Trip. ZA MTB Experience is not obliged to offer an alternative program if the Traveler is unable to follow the regular program. The Traveler is not entitled to a refund of the travel price. Further costs incurred as a result will be at the Traveller's expense and risk.
5. Insurance
   • When participating in a Trip, the Traveler is required to have adequate insurance to cover all medical expenses and personal risks including repatriation to home country, ambulance and rescue. The Traveler is also required to purchase cancellation insurance and travel insurance.
   • ZA MTB Experience is not liable for damages for which there is an entitlement to compensation from cancellation insurance and/or travel insurance. Such damages must be recovered from the insurance company.
6. Payment
   • The total travel price is paid during booking via the website. Should the payment not be made during the booking, the Agreement will not be established.
7. Transferring Journey
   • A Traveler may, prior to the start of the Trip, transfer the Trip to another person. However, this other person must meet all the conditions of ZA MTB Experience and replacement must also be possible. The transferring Traveler must notify ZA MTB Experience of the transfer by email at least 7 days prior to the commencement of the Trip.
   • The transferring Traveler and the person taking over the Trip are jointly and severally liable for the payment of the trip price and additional costs resulting from the transfer, including change fees.
8. Modification by Traveler
   • The Traveler who has booked the Trip may request ZA MTB Experience to amend the Contract. ZA MTB Experience is not obliged to accept the amendment.
   • ZA MTB Experience will accept changes up to 31 days prior to the commencement of the Trip. From 30 days prior to the commencement of the Trip, the cancellation conditions as set forth in Article 12 shall apply.
9. Change by ZA MTB Experience
   • ZA MTB Experience may unilaterally make minor changes to the Trip prior to the commencement of the Trip. The Traveler will be informed of such changes as soon as possible.
   • In case of important circumstances, ZA MTB Experience may change important points before the start of the Trip, such as offering an alternative Trip. In that case, the Traveler may accept the change or terminate the Agreement without charge. If the Traveler accepts the change, this shall constitute a new Agreement. If the Traveler rejects the change and thereby terminates the Agreement, the travel sum paid will be refunded. The Traveler must inform ZA MTB Experience as soon as possible, in any case before the start of the Trip, whether or not he accepts the modified Trip. If the Traveler does not respond within the stipulated period, the amendment shall be deemed to have been accepted and the right of termination shall lapse.
10. Cancellation by Traveler
    • Cancellation of the Trip can be done by e-mail, whereby the sending date of the e-mail counts as the cancellation date. Depending on the cancellation date, part of the Trip price will be refunded to the Traveler. The shorter before departure the Trip is cancelled, the more costs ZA MTB Experience has already had to incur.
    • The refund charges to the Traveler are as follows:
      • up to 12 weeks before departure: 70% of the travel sum;
      • from 11 to 5 weeks before departure: 50% of the travel sum;
      • from 5 to 2 weeks before departure: 30% of the travel sum;
      • from 2 weeks before departure: 0% of the travel sum.
      • Cancellation by ZA MTB Experience.
    • The Trips have a minimum number of participants. The minimum number is stated with the relevant Trip. If the number of participants remains below this minimum, the Trip will be cancelled. The Traveler will be informed at least 2 weeks before the start of the Trip.
    • ZA MTB Experience may also cancel the Trip if the Contract cannot be performed due to unavoidable and extraordinary circumstances.
    • In the above cases, the trip fee paid will be refunded by ZA MTB Experience. No compensation will be payable. Any other expenses incurred by the Traveler such as vaccinations, visa, airfare and insurance will not be reimbursed by ZA MTB Experience.
    • ZA MTB Experience may cancel the Trip if the Traveler is unable to complete the Trip or the Activity with the level requested or expected. Also if the Traveler does not comply with predetermined conditions or if incorrect or incomplete information about the Traveler has been provided. The refund costs as included in Article 12.2 will then apply.
11. Complaints
    • In case of complaints during the Trip, the Traveler must address the problem directly to ZA MTB Experience Complaints can be emailed to klacht@MTBzuidafrika.nl. ZA MTB Experience will look for a solution.
    • If the problem cannot be solved, possible compensation or alternative will be considered. The Traveler is not entitled to compensation or alternative if the problem is attributable to the Traveler.
    • All complaints that the Traveler believes were not fully resolved during the Trip must be reported to ZA MTB Experience by email within 2 months of the Trip. Complaints not received by the deadline will not be considered.
12. Liability ZA MTB Experience
    • ZA MTB Experience shall not be liable for any loss incurred by the Traveler as a result of any failure due to:
      • the Traveler, including but not limited to the Traveler's health condition;
      • third parties not directly involved in the performance of the Agreement and the failure could not be foreseen or prevented;
      • unavoidable and extraordinary circumstances; or
      • materials and equipment provided and other services rendered by third parties engaged through ZA MTB Experience.
    • Any liability of ZA MTB Experience for damages shall be limited to three times the trip price, unless the damages result from the death or personal injury of the Traveler or the damages are caused by intentional or negligent acts of ZA MTB Experience.
    • ZA MTB Experience is not liable for damages covered by insurance, such as health, travel, event, or cancellation insurance.
13. Liability Traveler
    • Participation in the Activity is always at the Traveller's own risk. By agreeing to the Travel Conditions, the Traveler indicates that he is aware of the risk involved in the Activity. The Traveler accepts this risk and knowingly takes part in the Activity.
    • The Traveler is obliged to follow all instructions of ZA MTB Experience and/or external travel guides which are necessary for the proper execution of the Trip. The Traveler shall be liable for damages caused by failure to comply with this obligation.
    • The Traveler is liable for damages caused by improper conduct. Nuisance by the Traveler resulting in impeding the proper execution of the Trip may result in exclusion from participation in the Trip. Nuisance includes misbehavior, alcohol consumption and/or not following instructions and not having proper equipment. The Trip fee will not be refunded in this case.
    • The Traveler shall indemnify ZA MTB Experience against claims by travel service providers involved in the Trip (such as external tour guides), other Travelers or third parties for damages caused or attributable to the Traveler.
14. Applicable law

The offer, the Agreement and the performance of the Agreement shall be governed exclusively by Dutch law, unless it conflicts with mandatory law.