Service Terms and Conditions

Terms and Conditions 2023 & 2024
Please read the following Terms & Conditions carefully. Note that the following is at the discretion of WINE VALLEY ADVENTURES. CONSUMER PROTECTION ACT (‘CPA’) NOTICE

Please read the following carefully & proceed accordingly:

IF YOURS IS ONLY AN ENQUIRY AND NOT A BOOKING: Please (1) SKIP the next two ‘bullets’ (2) peruse our website at your leisure & submit your enquiry to us by completing the template ‘Enquiry Form’ & submit. However, if in the process of perusing our website or any of the hyperlinked websites you comes across anything that is not clear, please go to our ‘FAQ’ link as it may clarify what you are not sure about If you are still in a quandary, then please go to our ‘CONTACT US’ link & submit your question to us

IF YOURS IS A BOOKING: The CPA in section 49 requires of us to bring to your attention certain aspects – we’ve done that by underlining certain clauses The CPA in section 49 also requires of us to ‘Spell out’ risk(s) of certain aspects & activities – these clauses have a ‘[..]’ next to it & requires you to initial same as read, explained, understood & accepted – if any of these are still not clear or you need any further explanation, DO NOT accept the T&C & go to ‘ONLY AN ENQUIRY’ above & follow those steps The CPA in section 41 also requires of us to clarify any ‘apparent misapprehension’ you may have – if you have such a ‘misapprehension’ DO NOT accept the T&C & back go to ‘ONLY AN ENQUIRY’ above & follow those steps

If anything is STILL not clear or your STILL have a ’misapprehension’ or FAQ has not answered your question(s), mail or phone or visit us AGAIN BEFORE completing any ‘tick box’

If you are finally satisfied that all your queries have been addressed to your satisfaction, then (1) Read the T&C, (2) Tick those with a […], (3) complete all such tick boxes including acceptance of T&C & (4) proceed. 2

APPLICATION *

All enquiries, advice, quotations or estimates addressed to, provided by or bookings made and/or all services rendered by or on behalf of WINE VALLEY ADVENTURES (‘the Company’) are subject to these terms and conditions (‘the Conditions’) and the terms and conditions of various third party service providers (i.e. tour operators, hotels, lodges, providers etc.) who the Company request on your behalf to render services or provide products to you (see re such suppliers below: ‘Third Party Service Providers’).
THE CLIENT AND AUTHORITY *

The person making such enquiries, seeking such advice, requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read had explained (where applicable), understand and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as ‘the Client’).
THIRD PARTY SERVICE PROVIDERS *

The Company provides Clients with equipment supplied by Third Party Service and Product Providers (‘collectively referred to as ‘the Principal’). The Company represents the Principals as agents only and accordingly accepts no liability for any loss, damage, illness, harm, injury or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principals to fulfill its obligations such as the provision of safe equipment and/or adequate instructions and the consequences arising therefrom unless, in the case of injury or death, it is due to the negligent act or omission of the Company. Any right of recourse the Client may have, will be solely against such Principal. The Company will provide the identity and terms and conditions of (or access thereto) all the Principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarize itself with such terms and conditions (‘the Principal’s Conditions’).
BOOKING, DEPOSIT & RESERVATION *

Once the Client has filled in the enquiry form, responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as ‘the Enquiry’) about a particular activity (‘the Activity' ) the Company will prepare and provide the Client with an quote (‘the Quotation’).
PAYMENT & PAYMENT TERMS *

The price as specified in the Quotation (the Price), is due and payable in full upon acceptance of the quotation. Failing such payment and return of the signed quotation, which will be deemed to be acceptance of the conditions, the booking will be taken to be provisional and is subject to cancellation by the Company at any time and the client will have no right of recourse against the company. In the event of cancellation, this payment may be deferred to a future booking at the discretion of Wine Valley Horse Trails.
PAYMENT TERMS & CONDITIONS *

A 100% deposit or upfront credit card payment will confirm all bookings. No booking can be confirmed without the required proof of payment or credit card authorization. We accept all legal tender for payments. Payments can be made online when making a reservation. Telephonic reservations will require the completion of a credit card authorization form to secure booking. A 10% non-refundable admin fee will be charged for every booking cancelled less than 30days before your trip. In case of a natural disaster, flood, volcano, earthquake, hurricane, virus infections or any other natural disaster, trips can be extended with no extra charge. If not extended and cancelled, the 10% admin fee will be applicable.
PRICE *

Note that the company reserves the right to amend the price if an unreasonable time lapses between the date the Quotation is submitted to the client and the date it is returned to the company The onus will be on the client to check that there have been no changes in the price prior to making full and final payment. However once payment of the price in full is received, Price is guaranteed (subject to statutory increases such as VAT. Should it be a group booking and the group number deviate from the number required for the booking, the company reserves the right to re cost the Price and raise a surcharge or to reschedule. Should any Client refuse to accept and pay such surcharges, the Company reserves the right to cancel the booking and retain any payment made. Please note that given the sensitivity of the South African Currency, the Price is subject to foreign exchange volatility and subject to change from time to time. Please check before you book and pay. However, once paid in full the price will not change.
CANCELLATION *

In the event of cancellation by either the Client or the Company for whatever reason, any payment made by the client to the Company may be deferred to a future booking in the sole and unfettered discretion of the Company Subject to the above, the company cancellation policy is as follows: All cancellations must be in writing. Please be aware that there is a 100% cancellation fee payable on any bookings cancelled 7 days before the trip is scheduled to go out. No Shows and Late Arrivals will be subject to100 % cancellation fee payable as well. If the activity is cancelled by the company for reason other than those stated below, (Unscheduled Extensions) there will be no cancellation fee payable and any monies paid by the Client will be refunded in full within 48 (Forty Eight) hours Please quote your name and invoice number on the payment and instruct your bank that the beneficiary (Wine Valley Adventures) should receive the full invoice amount, with no charges deducted. Account Name: Wine Valley Horse Adventures Account Number 62891574503, Cheque. Bank Name: FNB Branch Name: Wellington Branch Number: 200710 SWIFT ADDRESS: FIRNZAJJ
UNSCHEDULED EXTENSIONS, VARIATIONS AND RESCHEDULING *

Activities are weather dependent and times can vary accordingly. Please note that the Company reserves the right in its sole and unfettered discretion to reschedule any Activity due to unfavourable weather conditions (for the purpose of this clause this will include, without limiting the generality of the a foregoing, the following: heavy rain, flash floods, thunder and lightning) in the unlikely event of there being such unscheduled alternations to the activity cause by bad weather or any other cause which is beyond the control of the Company, it does not constitute to any reason for refund. LAW, JURISDICTION & DOMICILIUM South African law and the jurisdiction of South African courts will govern the relationship between the Client and the Company The Company shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction. The parties choose their respective domicilium citandi et excutandi as reflecting in the Booking Form. Clients are not entitled to a refund should weather conditions suddenly change during or before embarking upon any activity.
REFUND POLICY *

We encourage advance bookings based on demand. Our cancellation policy is as below: 1. No shows and cancellation within 7 days of departure – 100% not refundable cancellation fee. 2. A full refund will be considered on merit, by management, in the event of illness, hospitalization, accident or death, upon receipt of proof thereof. 3. A full refund will be granted should the activity be cancelled in the interest of safety, prior to the trip by the operator. In case the client changes his / her itinerary at their own request, the company shall try to accommodate him / her, but may charge a cancellation or administration fee. This is subject to a new quotation, which will be given by the company to the client in writing via e-mail or text message. If client requests a service to be added to the program or a program to be amended/deviated he/she does it on own risk and at extra costs.
GIFT VOUCHERS *

A Gift Voucher is bought at the rate of your date of purchase. A Gift Voucher is valid for three years from the date purchased. A Gift Voucher is non-refundable. A Gift Voucher is transferable. You will receive a Gift Voucher confirmation with a Voucher Code. This code is only active once full payment is received. **Please note that a purchased Gift Voucher is not an active booking in our system. Use the Gift Voucher code to make a booking on the Wine Valley Adventures website via the Online Booking system. Special note for third party bookings: If a Gift Voucher is booked by an Agent/establishment on behalf of their client, a payment link will be forwarded to the Agent/establishment. This link should be sent to the client for payment, to activate the voucher code. The client can use the voucher code to make an online booking via the Wine Valley Adventures website. The commission will be paid once we receive full payment. The vehicle transfer fee is non-refundable.
CONDUCT *

The Client agrees that he/she will at all times comply with the Company’s or others’ requirements and instructions in regard to his/her conduct and he/she will not in any way constitute a hindrance to any other passenger or person on the tour, mode of conveyance, at any place of accommodation, The Client indemnifies and holds harmless the Company against damages suffered and/or costs incurred by the Company and/or any third party as a result of a breach of this clause.
SPECIAL REQUESTS *

Client, who has special requests, must specify such requests to the Company in writing. Whilst the Company will use its best endeavours to accommodate such requests, it does not guarantee that it will.
AMENDMENTS *

No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorised representative of the Company.
REFUNDS *

No refunds will be considered in any circumstances whatsoever, whether for unused services or otherwise.
CONFIDENTIALITY *

Subject to statutory constraints or compliance with an order of court, the Company undertakes to deal with all Client information of a personal nature on a strictly confidential basis. The Company will only deal with your information as indicated in the booking/reservation and we will only process your personal information (both terms as defined in the Protection of Personal Information Act, act 4 of 2013 [‘the POPIA’] and the European Union General Data Protection Regulation - 'GDPR') and any Special Personal Information (as defined in the GDPR & POPIA), which processing includes amongst others the ‘collecting, storing and dissemination’ of your personal information (as defined in POPIA).
COPYRIGHT *

The Conditions and any intellectual property and specifically copyright therein and any proposals, presentations, estimates, quotes and itineraries provided by the Company as well as any photographs, films and videos (including in electronic format) taken of Clients during the Activities is and shall remain the sole and exclusive property of the Company. The Client shall have no intellectual property rights in such material. The Client furthermore undertakes not to circumvent the Company and to make any approaches to or enter into any arrangements for any concept similar in part or as a whole to that contained in any of the proposals, presentations, estimates and quotes provided by the Company with any of the Suppliers or any other service providers or venues for a period of 1 (One) year from the date of submission of any proposals, presentations, estimates and quotes provided by the Company.

LIABILITY *

Guests must sign an indemnity form prior to the activity thereby acknowledging that the activity is undertaken at own risk. Any unaccompanied minor (under 18 years of age) requires the indemnity to be signed by a parent/legal guardian prior to the activity. Our indemnity reads as follows: I am aware that Horse Riding, Quad biking and Carriage Drives are potentially hazardous activities, and I am voluntarily participating in these activities with knowledge of the danger involved and hereby agree to accept all the risks of injury or death. I further understand that by signing this document, I am releasing any claims I have against Wine Valley Adventures cc, the venue or any other person employed or otherwise associated with them, from liability, property damage and or wrongful death arising all chosen activities that I wish to engage in. I understand that I am responsible for my participation in the Horse Riding, Quad Biking and Carriage activities engage in. The required indemnity form can be signed online from your mobile phone to ensure that you have sufficient time to read and understand the conditions. We are asking for more detailed information than usual. This information is to ensure we can address appropriately any risks, should you or one of our guests or staff become ill with suspected COVID-19, and to ensure that in such an event, the required contact tracing can be carried out. All information provided will only be shared with authorised persons.
SERVICE PRICES *

Any current service prices that are listed by the Company are subject to alteration without prior notice.
SERVICE RENDERED *

The scope and nature of the contractual services offered will be limited to the Description of Services submitted with the relevant quotation, as well as to the details contained in the The Company's brochures/website and the booking confirmation.
WAIVER AND INDEMNITY *

While every precaution is taken to ensure the safety of all persons participating in the activity the client, his/her heirs, dependants, agents, executors or their assignees hereby irrevocably waive any claims which they may have against the Company for any form of compensation for damages which they may suffer due to injury and / or loss of any nature whatsoever, which includes accidents caused by the client's own actions, injuries or death while on the adventure experience, in transportation vehicles or at any place during the equipment, itinerary changes, nor for any arbitrary measures taken by local authorities, nor for any other circumstances or Acts of God which lie without the realm of our responsibilities. We do activity, or sickness or the death at any time after the activity. Under no circumstances will The Company accept responsibility for any injury, death or loss of any nature whatsoever which might occur to such persons sustained from any cause, including, without limiting the generality of the foregoing, consequential loss, arising for any reason whatever, directly or indirectly out of any aspect of any activity without limiting the generality of the foregoing, any form of transport or air travel used for the purpose of the activity. The Company shall not be responsible for and shall be exempt from all liability in respect of any claim whatsoever. The Company shall not be liable for any accidents which may occur either on land or on water and or by means of our equipment; nor do we accept liability for any damages suffered as a result of defects to our own not assume liability either for any damage or loss incurred to any personal belongings, whether through theft or extreme environmental conditions, such as sand, dust, humidity, lengthy distances covered on difficult roads and tough tracks, and the like. The Company shall not be liable for any reservations made by client directly with any establishment/operator/service/transportation and/or its proper/timeous execution.
HEALTH *

It is the client's obligation to ensure that he / she is medically fit and able to embark upon the activity. The Company opinion on health issues is not final and must be reconfirmed and verified by/with a medical practitioner authorised to advice on health issues/questions. The Company cannot be held liable if client (s) follow unprofessional advices on any health issues/questions.
BAGGAGE *

All baggage and personal effects are at all times at the client's risk and The Company cannot accept any liability for any loss or damage of baggage or any personal effects.
INSURANCE *

This is for the client’s own account and should be in place should the client require same.
TO BRING *

Sunscreen, comfortable closed shoes, warm clothing. Please bring any personal medication. We are legally not allowed to sell or supply any medication.
WEATHER *

All trips are subject to weather conditions and times may vary accordingly. Upon the confirmation of any booking, it shall be regarded that the client has read and accepted all the terms and conditions contained herein. All terms and conditions are subject to South African Law & Jurisdiction.
A STARRING ROLE - PHOTOGRAPHIC MATERIAL *

We take photographs, films and videos (including in electronic format) of our guests during the excursion, and may use such photographic, film and video material for the purpose of any advertising or brochure productions, which the client irrevocably gives his consent thereto, and without any consideration being payable to the client.
GENERAL *

Upon the confirmation of any booking, it shall be regarded that the client has read and accepted all the terms and conditions contained herein. Failure to comply with the above will result in bookings being cancelled and/or payment being forfeited. All terms and conditions are subject to South African Law & Jurisdiction.
DISPUTE – RESOLUTION *

Firstly the parties will meet within 5 (five) working days of the dispute arising in an attempt to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.

Notwithstanding the provisions of this clause, either party may bring an urgent application to any court that has jurisdiction if circumstances arise that merit such an application
Any and all dispute arising out of or in connection with the Conditions including any question regarding its existence, validity or termination, shall be dealt with as follows
ENTIRE CONTRACT *

The Conditions (together with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and itineraries) constitute collectively the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions.
CPA NOTICE *

The Conditions (togePlease read the following carefully & proceed accordingly: Each clause marked & ticked means you have read the clause, the risk has been explained to you, you understand & accept it. If you are satisfied with that then please tick the box at the end of this sentence to indicate that you accept and agree to be bound by all the above T&C ther with all enquiries, advice, quotations or estimates addressed to, provided by or bookings made and indemnities signed and itineraries) constitute collectively the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of the Company or otherwise that is not included herein. The contra proferentem rule will not apply to the interpretation of the Conditions.
IMPORTANT INFORMATION *

I understand that not arriving 30 minutes early, having signed the terms and conditions and submitted a copy of my ID/Passport will result in my activity time being shortened to ensure the allotted time slot is made.
Venue: Vrede En Lust Intersection R45 and Simondium – Klupmuts Roads, Franschhoek Wine Route, Simondium, 7670. . Please allow enough time for transport from Cape Town (1hours) Please be aware that there are road works from time to time. Please check on the road apps to get estimated times of arrival to ensure you do not miss your time slot. PLEASE ARRIVE 30 MIN BEFORE YOUR TIME SLOT HAVING SIGNED YOUR ONLINE INDEMNTIY FORMS FOR THE SAFTY BRIEFINGS AND FITTING OF HELMETS ETC TO AVOID YOUR TRIP BEING SHORTENED TO MAKE THE ALLOTTED TIME SLOTS
ACCEPTING THE TERMS AND CONDITIONS *

I have carefully read the above and hereby confirm that all the personal details and chosen activities as specified herein are correct. I have read, fully under and accept to be bound by the Company’s terms and conditions and privacy policy and (where applicable) the conditions and privacy policy of any third-party product or service providers. I am of age 18 and authorized to effect bookings and accept the conditions applying thereto on behalf of all those detailed above