Terms and Conditions

South Africa MTB Experience B.V.

 

1. Concepts

 

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

Agreement                      the agreement relating to the Trip, including the Travel Conditions ;

Travel                                 a package tour;

Travel Conditions        these general terms and conditions;

Traveler                             any natural person who wishes to conclude or has concluded an agreement with ZA MTB Experience regarding a Trip; and

ZA MTB Experience    the travel organization, South Africa MTB Experience BV, Chamber of Commerce number 89781252.

2. Applicability

The travel conditions apply to all Trips offered by ZA MTB Experience and/or agreements concluded with ZA MTB Experience.

3. Booking
   • Booking for a trip can only be made via the website MTBsouthafrica.com . After receiving a registration via the website, the Traveler will receive a booking confirmation. Subject to the Travel Conditions, an Agreement will only be concluded upon receipt of the order confirmation.
   • Minors under the age of 18 are not allowed.
   • A booking for a Trip is final. The Traveler has no right to revoke the Agreement.
   • The flight is not included in the Trip. The Traveler must purchase a plane ticket himself.
4. Travel duration
   • The travel duration is stated in whole days, both on the website and in the 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 transport to and/or from the airport, the Trip starts or ends at the accommodation.
5. Travel documents
   • The Traveler must have the necessary travel documents during the Trip, such as a valid passport and possibly a visa. The Traveler must check with the official authorities whether 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 or cannot make it partially due to the lack of the correct travel documents, the costs will be borne by the Traveler.
6. Obligations of the Traveler
   • Before the start of the Trip, the Traveler must report important information to ZA MTB Experience, such as illnesses and/or the use of medications. Failure to provide this information, incompletely or incorrectly may result in exclusion from participation in the Trip. The reimbursement costs as included in Article 12.2 then apply.
   • The Traveler must be able to complete the Activity with the requested or expected (technical) level and fitness. The Traveler is responsible for assessing this. On the YouTube channel of ZA MTB Experience, the Traveler can get a good impression of what level and fitness the Traveler must have 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 has the right 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. Any further costs incurred as a result will be at the expense and risk of the Traveler.

7. Insurances
   • When participating in a Trip, the Traveler is obliged to take out sufficient insurance against all medical costs and personal risks, including repatriation to home country, ambulance and rescue operations. The Traveler is also obliged to take out cancellation insurance and travel insurance.
   • ZA MTB Experience is not liable for damage for which there is a claim for compensation under cancellation insurance and/or travel insurance. This damage must be recovered from the insurance company.
8. Payment

            The (total) travel sum is paid via the website during booking. It is possible to pay in terms. If payment is not made during the booking, the Agreement will not be concluded.

9. Transfer of Journey
   • A Traveler can transfer the Trip to someone else before the start of the Trip. This other person must meet all the conditions of ZA MTB Experience and replacement must also be possible. The transferring Traveler must inform ZA MTB Experience of the transfer by email no later than 7 days before the start of the Trip.
   • The transferring Traveler and the person who takes over the Trip are jointly and severally liable for the payment of the travel sum and additional costs arising from the transfer, including change costs.
10. Change by Traveler
    • The Traveler who has booked the Trip can request ZA MTB Experience to change the Agreement. ZA MTB Experience is not obliged to accept the change.
    • ZA MTB Experience accepts changes up to 31 days before the start of the Trip. The cancellation conditions as included in Article 12 apply from 30 days before the start of the Trip.
11. Change by ZA MTB Experience
    • ZA MTB Experience may unilaterally make minor changes to the Trip before the start of the Trip. The Traveler will be informed of this as soon as possible.
    • In case of serious circumstances, ZA MTB Experience can change important points before the start of the Trip, such as offering an alternative Trip. In that case, the Traveler can accept the change or terminate the Agreement free of charge. If the Traveler accepts the change, this will be considered a new Agreement. If the Traveler rejects the change and the Agreement is therefore terminated, the paid travel sum 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 changed trip. If the Traveler does not respond within the specified period, the change will be deemed accepted and the right to termination will lapse.
12. Cancellation by Traveler
    • The Trip can be canceled by e-mail, with the date of sending of the e-mail serving as the cancellation date. Depending on the cancellation date, part of the travel price will be refunded to the Traveler. The closer before departure the Trip is canceled, the more costs ZA MTB Experience has to incur.
    • The reimbursement costs to the Traveler are as follows:
13. up to 12 weeks before departure: 70% of the travel sum;
14. from 11 to 5 weeks before departure: 50% of the travel sum;
15. from 5 to 2 weeks before departure: 30% of the travel sum;
16. from 2 weeks before departure: 0% of the travel sum.
17. Cancellation by ZA MTB Experience
    • A minimum number of participants applies to the Trips. The minimum number is stated for the relevant Trip. If the number of participants remains below this minimum, the Trip will be cancelled. The Traveler will be informed of this no later than 2 weeks before the start of the Trip.
    • ZA MTB Experience can also cancel the Trip if the Agreement cannot be performed as a result of unavoidable and extraordinary circumstances.
    • In the above cases, the paid travel sum will be refunded by ZA MTB Experience. No compensation is due. Any other costs incurred by the Traveler, such as vaccinations, visa, airline tickets 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 Activity to the requested or expected level. Also if the Traveler does not meet pre-set conditions or if incorrect or incomplete information about the Traveler has been provided. The reimbursement costs as included in Article 12.2 then apply.
18. Complaints
    • In case of complaints during the Trip, the Traveler must immediately report the problem to ZA MTB Experience. Complaints can be emailed to complaint@MTBzuidafrika.nl. ZA MTB Experience will look for a solution.
    • If the problem cannot be solved, possible compensation or an alternative will be considered. The Traveler is not entitled to compensation or an alternative if the problem is attributable to the Traveler.
    • All complaints that, according to the Traveler, have not been fully resolved during the Trip must be reported to ZA MTB Experience by email within 2 months after the Trip. Complaints that are not received within the specified period will not be processed.
19. Liability ZA MTB Experience
    • ZA MTB Experience is not liable for any damage suffered by the Traveler as a result of a shortcoming that is due to:
20. the Traveler, including but not limited to the Traveler’s health condition;
21. third parties who are not directly involved in the performance of the Agreement and the shortcoming could not have been foreseen or prevented;
22. unavoidable and extraordinary circumstances; or
23. materials and equipment made available and other services provided by third parties engaged via ZA MTB Experience.
    • Any liability of ZA MTB Experience for damage is limited to three times the travel price, unless the damage results from the death or personal injury of the Traveler or the damage is caused by intentional or negligent actions of ZA MTB Experience.
    • ZA MTB Experience is not liable for damage covered by insurance, such as health, travel, event or cancellation insurance.

16. Liability Traveler
    • Participation in the Activity is always at the Traveler’s own risk. By agreeing to the Travel Conditions, the Traveler indicates that he is aware of the risk that the Activity entails. The Traveler accepts this risk and knowingly participates in the Activity.
    • The Traveler is obliged to follow all instructions from ZA MTB Experience and/or external travel guides that are necessary for the proper execution of the Trip. The Traveler is liable for damage caused by failure to comply with this obligation.
    • The Traveler is liable for damage caused by unauthorized behavior. In the event of inconvenience by the Traveler, which hinders the proper execution of the Trip, this may result in exclusion from the Trip. Nuisance includes misbehavior, alcohol consumption and/or failure to follow instructions and not having proper equipment. In that case, the travel sum will not be refunded.
    • The Traveler indemnifies ZA MTB Experience against claims from travel service providers involved in the Trip (such as external travel guides), other Travelers or third parties for damage caused by the Traveler or attributable to him.
17. Applicable law

The offer, the Agreement and the execution of the Agreement are exclusively governed by Dutch law, unless this is contrary to mandatory law.