1. Definitions

1. “Client” means the company, person or organisation buying or agreeing to buy products and/or services from the Seller. Client also includes prospective clients to whom the Seller has addressed proposals or quotations. Client also includes the participants of the activity or products that have been bought.
2. “Seller” means AdventureBookings.co.za, AdventureBookings.com, AdventureBookings and Kalmia Trading 1066 CC, of 1st Floor, 210 Long Street, Cape Town, 8018, as well as all associated and group companies.
3. “Supplier” means any supplier associated with AdventureBookings.co.za, directly or indirectly displayed on the website
4. “Conditions” means the terms and conditions of sale set out in this document and any extra special terms and conditions agreed in writing by the Seller and Supplier.
5. “Price” means the price the Client has agreed to pay for the hire of goods and the supply of services described in the AdventureBooking Form or on the AdventureBookings Website, including V.A.T. The Displayed Price is subject to change without Notice, and the Price Stipulated is intended as a Guide Price Only and the final price is determined by the supplier.  AdventureBookings will however endeavour to ensure that all prices quoted on the website are correct.  The final price that is paid by the Client will deemed to be the correct price.

2. Conditions applicable

1. This agreement applies to this sale by the Seller to the Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport to apply under any purchase order confirmation of order or similar document.
2. Placing your order means acceptance of this agreement.
3. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
4. If any provision of these conditions is held by any competent authority or Court to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of these provisions in question shall not be affected.

3. Price and Payment

1. In-House Travel Desk Bookings - Due to our relationship with other agents and hotels, any booking derived from our travel desk will incur a booking fee, payable by the Supplier (Standard Tour Operator Rates Apply) to cover commissions payable, marketing and aadvertising costs and credit card / banking fees. The Seller will either accept a deposit to secure the booking and the balance will be payable to the establishment by the client, or in most cases, AdventureBookings will secure the full amount and the Supplier will invoice the Seller for the net rate.  AdventureBookings will endeavour, where possible, to charge the client the same rate as the supplier.
2. Direct Bookings with Suppliers - Several of our suppliers have elected to accept direct bookings.  AdventureBookings accepts no liability in the booking process where a client opts to book directly with a supplier, and an individual suppliers' Terms & Conditions may override these Terms & Conditions where applicable.
3. Payment of the Price shall be 100% on confirmation of the Adventure as described in the Adventure Booking. Where there is a variance between the payment terms documented in this clause 3.2 and those documented in the Adventure Booking the payment terms in the Adventure Booking shall prevail.
4. Interest on overdue invoices shall accrue from the date payment becomes due at the prime interest rate charged by ABSA Bank Limited from time to time. Where payment is late, the Seller reserves the right to impose an administration charge of up to R1,000 plus all Attorneys costs incurred in the collection of overdue payments.
5. Quotations and proposals are only valid in writing and for the period they state. If not stated the period is 30 days from the date the quotation or proposal was written.
6. Any claim cannot exceed the value of the invoice.

4. Intellectual Property

1. The copyright in the material contained in all proposals and or quotations or any other information between the Seller and the Client belongs to the Seller.   All rights are reserved. None of this material may be reproduced or distributed or used without the Seller’s express permission in writing.

6. Liability

1. The Seller accepts no liability for any property loss or damage, death or personal injury. Each participant will be required to sign a general release and waiver prior to attending the adventure.
2. The Seller & the Supplier shall not be liable to the Client for, or be deemed to be in breach of the Adventure Booking Form by reason of any delay in performing or failure to perform any of the Sellers obligations in relation to the Adventure Booking Form, if the delay or failure was due to any cause beyond the Seller’s or the Supplier's reasonable control and in particular (but without prejudice to the generality of the foregoing).

• Weather. In the case of inclement weather, most activities will be rescheduled, at no additional cost, so as to ensure full participation and satisfaction. Should the weather turn foul during the activity, preventing the activity from being completed, the seller will not be held liable.
• Wildlife. Sightings of wildlife, be it terrestrial or marine are not guaranteed, and the seller will not be held liable for no sightings.
• Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any government, local or other duly constitutional authority.
• The Seller shall not be liable to the Client for a) indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, b) loss of business profits, c) damage remedied by the seller in reasonable time, c) loss avoidable by the client taking reasonable measures e) all items excluded from the Warranty by “force majeure”) expenses or other claims for consequential compensation whatsoever which arises (whether through the Sellers negligence or otherwise) out of or in connection with the supply; installation; use; dismantling; or removal of the goods and or the service description referred to in the Booking Form.

7. Force Majeure

1. The Seller is not liable for failure to meet the requirements of the Adventure Booking Form or Delivery Schedule where failure is caused by circumstances beyond the reasonable control of the Seller examples include strikes, government or regulatory action, natural disasters and supplier/ transport/ production problems.

8. Cancellation policy

1. The client shall not be entitled to cancel any Booking Form save on terms that the client shall pay to the Seller.
2. In the case of any cancellation by the client, of a Gift Voucher, 100% of the deposit will be forfeited.  Gift Vouchers May be Transferred to another recipient.
3. In the Case of Cancellation of a Confirmed Booking by the client, More than Two Weeks Prior to the Booking, 20% deposit will be forfeited.
4. In the Case of Cancellation of a Confirmed Booking by the client, Less than Two Weeks, but more than 48 hours Prior to the Booking, 50% deposit will be forfeited.
5. In the case of cancellation by the client, less than 48 hours prior to the dates referred to in the Adventure Booking Form, 90% deposit will be forfeited.
6. In the case of cancellation by the client less than 24 hours prior to the dates referred to in the Adventure Booking Form, 100% deposit will be forfeited.
7. For some Adventures and Holiday packages that have specific Cancellation Policies that may be different from the above, you will be advised accordingly at the time of your booking.
8. The Client may, in certain circumsatnces, be able to reschedule their booking for another time, however this is solely at the discretion of the supplier.  AdventureBookings.co.za will always endeavour to ensure the booking is rescheduled, on the clients behalf, without forfeit of the clients deposit.
9. In the unlikely event that a client's Booking is cancelled BY THE SUPPLIER due to unforeseen circumstances, such as inclement weather or a technical problem, the Booking will be rescheduled to another convenient time.

9. Refund Policy

1. Once a Booking has been Confirmed, No Refunds will be Adminsitered.
2. In the event that you should miss a scheduled adventure, without attempting to reschedule, the client will forfeit 100% of the deposit paid and will not qualify for a refund.
3. In the unlikely event that a client's Booking is cancelled BY THE SUPPLIER due to unforeseen circumstances, such as inclement weather or a technical problem, the Booking will be rescheduled to another reasonable and convenient time.  Should the client be unable to reschedule, within a reasonable time, the Booking will be refunded in full, less an administration fee of 10%, after 15 Business Days.

10. Confidentiality

1. Each party must treat all information received from the other marked “confidential” or reasonably obvious to be confidential as it would treat its own confidential information.

11. Your obligations as a Client – You are responsible for:

1. Providing to the Seller with all reasonable courtesy, information, cooperation, facilities and access to enable the Seller to perform duties, failing which the Seller shall not be obliged to perform any service or assistance.
2. Ensuring the security and return of all equipment, vehicles and accessories supplied in accordance with the Booking Form.
3. All such items not returned or returned damaged will be charged to the client at replacement cost.
4. You are liable for all damage caused by you, to vehicles and equipment during the event or activity.

12. Jurisdiction

1. These terms and conditions are governed by the laws of the Republic of South Africa and the parties submit to the jurisdiction of the Magistrates’ court.

13. Miscellaneous

1. If any part of the Agreement is found to be invalid or unenforceable by the court the rest is unaffected.  The Seller may subcontract its obligations to a competent third party otherwise neither party may assign or transfer any obligations or rights.
2. All notices must be in writing (by hand, email, fax or post deemed delivered 72 hours after posting) and sent to the registered office of either party.