PLEASE TAKE THE TIME TO READ OUR T'S AND C'S, IF YOU BOOK A TOUR/HIKE WITH US, THEN IT IS ASSUMED THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
PLEASE TAKE THE TIME TO READ OUR T'S AND C'S, IF YOU BOOK A TOUR/HIKE WITH US, THEN IT IS ASSUMED THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
HENCEFORTH, THE TOUR OPERATOR VAN DE KAAP TRAVEL & TOURS CC WILL BE REFERRED TO AS "VDK", AND THE PARTY PURCHASING A TOUR/HIKE WITH VDK (YOU) WILL BE REFERRED TO AS "THE CLIENT".
ANY REFERENCE TO “VDK” IN THIS AGREEMENT INCLUDES VAN DE KAAP TRAVEL AND TOURS AS WELL AS THEIR MEMBERS, EMPLOYEES, GUIDES, VOLUNTEERS, SPONSORS, PARTNERS AND INDEPENDENT CONTRACTORS, REPRESENTATIVES AND ANY OTHER INDIVIDUAL(S)/AFFILIATE(S) ASSOCIATED WITH AND RELATED TO THE ORGANISATION AND/OR MANAGEMENT.
OUR STANDARD PAYMENT TERMS ARE A 50% DEPOSIT UPON BOOKING TO CONFIRM AND RESERVE YOUR DATES.
THE REMAINDER IS STRICTLY DUE 10 DAYS BEFORE THE START DATE OF THE HIKE.
UNLESS THERE IS A WRITTEN AGREEMENT OTHERWISE, FAILURE TO MEET THESE TERMS CAN RESULT IN FORFEIT OF YOUR BOOKING AND ANY DEPOSITS OR PAYMENTS MADE ARE THEN NON-REFUNDABLE.
ONCE VDK HAS RECEIVED THE TOTAL PAYMENT DUE, THE CLIENT WILL RECEIVE THE TOUR/HIKE ITINERARY AND FURTHER DETAILS ABOUT THEIR SELECTED ACTIVITY. ITINERARIES ARE SUBJECT TO CHANGE BASED ON VARIOUS FACTORS, INCLUDING BUT NOT LIMITED TO WEATHER, ROAD CONDITIONS, MECHANICAL ISSUES, ACCIDENTS, AND POLITICAL CLIMATE. THESE ELEMENTS MAY NECESSITATE ADJUSTMENTS TO THE PLANNED TRIP. PROPOSED ITINERARIES ARE CONFIRMED ONLY AFTER FULL PAYMENT IS RECEIVED.
WHILE VDK STRIVES TO ENSURE THE ACCURACY OF ITINERARIES, WE CANNOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS.
PLEASE NOTE THAT DUE TO CIRCUMSTANCES BEYOND VDK’S CONTROL, SUCH AS WEATHER CONDITIONS:
AFTER THE CLIENT’S BOOKING REQUEST HAS BEEN PROCESSED AND PAYMENT HAS BEEN COMPLETED, THE FOLLOWING POLICIES APPLY SHOULD THE CLIENT CANCEL FOR ANY REASON.
NB OUR HIKES/TOURS CONTINUE REGARDLESS OF INCLEMENT WEATHER. SHOULD WE (VDK) CANCEL A HIKE/TOUR BEFORE IT COMMENCES DUE TO WHAT WE DEEM UNSAFE CONDITIONS: WE WILL OFFER AN ALTERNATIVE DATE (IF POSSIBLE), A FULL REFUND (I.E. FOR PAYMENTS MADE WITH CASH OR VIA EFT), OR A PARTIAL REFUND (I.E. LESS OUR BANK FEES AND/OR SERVICE FEES). SHOULD WE CANCEL A HIKE/TOUR ONCE IT'S ALREADY COMMENCED DUE TO WHAT WE DEEM UNSAFE CONDITIONS: THERE WILL BE NO REFUND ISSUED.
CANCELLATION & REFUND POLICY FOR SINGLE-DAY TOURS AND HIKES
CANCELLATION & REFUND POLICY FOR MULTI-DAY TOURS AND HIKES
IF THE RESERVE OR LANDOWNER (SUCH AS SANPARKS, CAPE NATURE, ETC.) CANCEL OUR BOOKING DUE TO SAFETY CONCERNS OR ANY OTHER REASON
IN THE CASE OF A ‘NO SHOW’ ON THE DATE & TIME OF ANY HIKE/TOUR DEPARTURE
ACTIVITIES/SERVICES PROVIDED BY EXTERNAL OPERATORS
E.G. QUADBIKING, PARAGLIDING, SAFARIS, BOAT TRIPS, ACCOMMODATIONS, HIKING TRAILS, RESERVES, CABLEWAY, ETC.
BY BOOKING A TOUR/HIKE WITH VDK THE CLIENT ACKNOWLEDGES THAT THEY DO SO AT THEIR OWN RISK.
THE CLIENT HEREBY AGREES TO RELEASE VDK AND ITS EMPLOYEES FROM ANY RESPONSIBILITY FOR ANY COSTS, LIABILITIES, LOSSES, INJURIES, DEATH, DAMAGES, PENALTIES, FINES, SETTLEMENTS, EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL FINES, AWARDED DAMAGES, AND COSTS INCURRED IN DAMAGE CONTROL), OR ANY OTHER CLAIMS MADE BY THIRD PARTIES THAT MAY ARISE FROM THIS AGREEMENT.
VDK WILL NOT BE HELD ACCOUNTABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT MAY OCCUR DUE TO, OR IN CONNECTION WITH, THE PROVISION OR FAILURE TO PROVIDE ITS SERVICES.
PERSONAL ITEMS & EFFECTS ARE THE RESPONSIBILITY OF THE CLIENT AND VDK CANNOT BE HELD LIABLE FOR DAMAGE, LOSS, OR THEFT OF SUCH ITEMS.
TRAVEL DOCUMENTS ARE THE RESPONSIBILITY OF THE CLIENT AND VDK ACCEPTS NO RESPONSIBILITY FOR NEGLIGENCE IN THIS REGARD.
IT IS EXPECTED THAT CLIENTS ARE IN GOOD HEALTH AT TOUR DEPARTURE. IT IS THE CLIENT’S RESPONSIBILITY TO INFORM THE VDK GUIDE OF ANY EXISTING MEDICAL OR HEALTH PROBLEMS.
IN THE EVENT THAT VDK NEEDS TO MODIFY AN ITINERARY OR SHORTEN A TOUR/HIKE DUE TO ANY REASON, NO REFUNDS WILL BE ISSUED, BUT VDK WILL ENDEAVOR TO CONTINUE THE TOUR/HIKE THROUGH ALTERNATIVE VENUES AND ARRANGEMENTS.
IN CERTAIN CASES WHERE VDK ARRANGES FOR SERVICES TO BE PROVIDED BY AN INDEPENDENT OPERATOR OR GUIDE, PLEASE BE AWARE THAT VDK IS NOT RESPONSIBLE FOR THE QUALITY OR SPECIFICS OF THESE THIRD-PARTY SERVICES. ANY ARRANGEMENTS MADE WITH EXTERNAL PROVIDERS ARE UNDERTAKEN AT THE CLIENT’S OWN DISCRETION AND RISK.
VDK REQUIRES PERSONAL INFORMATION FOR BOOKINGS (I.E. CONTACT DETAILS, FORMAL IDENTIFICATION, AND OTHER INFORMATION NEEDED TO CONFIRM A BOOKING). PERSONAL INFORMATION COLLECTED BY VDK IS NOT USED FOR ANY OTHER PURPOSE THAN THAT FOR WHICH IT WAS ORIGINALLY COLLECTED. PLEASE CONTACT VDK SHOULD YOU, THE CLIENT, HAVE ANY QUESTIONS ABOUT PERSONAL INFORMATION IN OUR POSSESSION.
SHOULD ANY ISSUES ARISE DURING THE TOUR/HIKE, PROMPTLY REPORT THEM TO THE TOUR LEADER OR TOUR/MOUNTAIN GUIDE FOR IMMEDIATE RESOLUTION. IF THE CLIENT WISHES TO FILE A COMPLAINT AFTER THE ACTIVITY’S CONCLUSION, IT MUST BE SUBMITTED IN WRITING WITHIN 10 DAYS FOLLOWING THE ACTIVITY’S END. COMPLAINTS RECEIVED BEYOND THIS PERIOD WILL NOT BE ADDRESSED.
BY BOOKING A TOUR/HIKE WITH VDK, THE CLIENT CONSENTS TO VDK USING PHOTOGRAPHS AND VIDEO FOOTAGE FROM THE TOURS/HIKES FOR MARKETING RELATED PURPOSES. PLEASE INFORM VDK SHOULD YOU PREFER THAT FOOTAGE OF YOU NOT BE USED.
IN THE EVENT OF A FORCE MAJEURE, DEFINED AS ANY ACT, EVENT, OR CIRCUMSTANCE BEYOND THE CONTROL OF VDK, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, ACTS OF GOD, WAR, TERRORISM, CIVIL UNREST, EPIDEMIC, PANDEMIC, GOVERNMENT RESTRICTIONS, STRIKES, AND LABOUR DISPUTES, WHICH PREVENTS VDK FROM FULFILLING ITS CONTRACTUAL OBLIGATIONS, THE FOLLOWING CONDITIONS SHALL APPLY:
THIS CLAUSE IS INTENDED TO PROVIDE PROTECTION TO BOTH VDK AND THE CLIENT IN THE FACE OF UNFORESEEN AND UNCONTROLLABLE EVENTS. VDK'S PRIORITY IS TO ENSURE THE SAFETY AND SATISFACTION OF THE CLIENT WHILE ADHERING TO PROFESSIONAL AND LEGAL STANDARDS.
IT IS MANDATORY FOR CLIENTS TO HAVE COMPREHENSIVE TRAVEL AND MEDICAL INSURANCE THAT INCLUDES COVERAGE FOR CANCELLATIONS, CURTAILMENT, MEDICAL EMERGENCIES, TRAVEL AND PERSONAL ACCIDENTS. CLIENTS ARE RESPONSIBLE FOR VERIFYING THAT THEIR INSURANCE PROVIDES SUFFICIENT COVERAGE FOR THEIR INDIVIDUAL REQUIREMENTS.
THE SAFETY OF CLIENTS IS A VDK PRIORITY BUT IT IS THE CLIENT'S RESPONSIBILITY TO ADHERE TO THE RULES AND REGULATIONS OF THE COUNTRY THEY ARE VISITING AND SPECIFICALLY THE AREA THAT THEY ARE VISITING. THIS INCLUDES RULES AND REGULATIONS PERTAINING TO SAFETY ON SAFARI TOURS WHERE CLIENTS WILL ENCOUNTER WILD ANIMALS AND PARTICIPATING IN OUTDOOR/HIKING ACTIVITIES WHERE THERE IS A DEGREE OF RISK FOR INJURY AND LOSS OF LIFE. THE CLIENT IS RESPONSIBLE FOR ENSURING THEIR SAFETY AND WELL-BEING WHILE IN TRANSIT TO TOURIST/HIKING DESTINATIONS (INCLUDING WEARING A SEATBELT), AT TOURIST/HIKING DESTINATIONS AND ATTRACTIONS, AS WELL AS AT ACCOMMODATION ESTABLISHMENTS (INCLUDING STAYING WITH THE TOUR/MOUNTAIN GUIDE AND NOT BEING SEPARATED FROM THE GROUP, AVOIDING DRUNKENNESS, LEWD BEHAVIOUR AND GENERAL MISBEHAVIOUR THAT COULD RESULT IN THEM BEING ARRESTED OR HARMED).
WEATHER
THE WEATHER IN THE CAPE IS NEVER GUARANTEED. IT IS YOUR RESPONSIBILITY TO BE SUITABLY EQUIPPED TO SPEND TIME IN THE CAPE. WE WILL PROVIDE YOU WITH A SUGGESTED PACKING LIST OF WHAT TO BRING, BUT IF YOU ARE UNSURE THEN IT IS YOUR RESPONSIBILITY TO CHECK WITH US IN ADVANCE OF THE HIKE/TOUR.
BAD WEATHER IS NOT NECESSARILY UNSAFE IF YOU ARE PROPERLY EQUIPPED. BUT IF WE DEEM THE WEATHER TO BE UNSAFE, THEN WE WILL AIM TO RESCHEDULE THE HIKE OR TOUR. IF THE RESERVE OR LANDOWNER (SANPARKS, CAPE NATURE ETC.) DEEM THE WEATHER TO BE UNSAFE THEN WE WILL AIM TO RESCHEDULE THE HIKE OR TOUR. WE WILL COMMUNICATE THIS TO YOU AS SOON AS POSSIBLE.
FITNESS AND HEALTH
PLEASE BE MINDFUL THAT ALL OUR HIKES ARE GREAT ADVENTURES YET THEY CAN BE CHALLENGING. THEY MAY INVOLVE LONG DISTANCES, DIFFICULT TERRAIN, HEIGHTS, CLAMBERING OVER OBSTACLES AND SOMETIMES WADING THROUGH WATER AND RIVERS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE FIT AND HEALTHY ENOUGH TO COMPLETE THE HIKE. IF YOU ARE UNSURE, PLEASE CHECK WITH US IN ADVANCE.
WEATHER
MOUNTAIN WEATHER IS UNPREDICTABLE. PLEASE ENSURE YOU ARE PROPERLY EQUIPPED. WE WILL PROVIDE AN ESSENTIALS LIST BUT VERIFY ANY UNCERTAINTIES WITH US BEFORE THE HIKE. PROPER EQUIPMENT MAKES BAD WEATHER MANAGEABLE. IF CONDITIONS ARE DEEMED UNSAFE BY US OR LANDOWNERS (SANPARKS, CAPE NATURE, ETC.), WE WILL RESCHEDULE THE HIKE AND INFORM YOU PROMPTLY.
SAFETY
IF WE SEE YOU ACTING IN A MANNER THAT IS UNSAFE FOR YOU, ANYONE IN THE GROUP OR ANY OF THE GUIDES, WE WILL ASK YOU TO LEAVE (WHERE SAFE TO DO SO). YOU WILL NOT BE GIVEN ANY REFUND.
IF WE NEED TO EVACUATE FROM THE ROUTE, DUE TO WEATHER, INJURY, FIRE OR FOR ANY OTHER REASON, YOU WILL NOT BE GIVEN ANY REFUND.
LEAVE NO TRACE
WE STRICTLY FOLLOW THE LNT PRINCIPLES AT ALL TIMES WHEN IN THE MOUNTAINS, IF YOU ARE FOUND TO BE NOT FOLLOWING THESE PRINCIPLES, WE CAN ASK YOU TO LEAVE (WHERE SAFE TO DO SO). YOU WILL NOT BE GIVEN ANY REFUND.
INCLUSIONS AND EXCLUSIONS
WE WILL LIST WHAT IS INCLUDED AND EXCLUDED BEFORE PAYMENT IS MADE. IF YOU ARE UNSURE, PLEASE CHECK WITH US BEFORE THE HIKE COMMENCES.
INDEMNITY
YOU ARE REQUIRED TO COMPLETE THE REGISTRATION FORM BEFORE THE HIKE, INCLUDING YOUR MEDICAL INFORMATION. THIS ENSURES WE ARE AWARE OF ANY POTENTIAL ISSUES IN AN EMERGENCY. ALL INFORMATION PROVIDED SHOULD BE ACCURATE AND COMPLETE. THIS FORM IS PART OF OUR AGREEMENT TO GUIDE YOU.
VDK RESERVES THE RIGHT TO TERMINATE A TOUR/HIKE AT ANY POINT IF A CLIENT’S CONDITION (AND/OR PARTICIPANTS IN THEIR GROUP) POSES A RISK TO THE SAFETY OR SUCCESS OF THE TOUR/HIKE (SUCH AS ILLNESS). ADDITIONALLY, IF A CLIENT (AND/OR PARTICIPANTS IN THEIR GROUP) ENGAGES IN BEHAVIOUR THAT IS ILLEGAL, INAPPROPRIATE, OR DISRUPTIVE, VDK MAY CANCEL THE TOUR/HIKE WITHOUT PRIOR NOTICE. UNDER THESE CIRCUMSTANCES, NO REFUND WILL BE PROVIDED.
VDK RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS & CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.
PAYMENT OF THE BOOKING FEE SECURES THE CLIENT’S ACQUIESCENCE TO ADHERE TO THESE TERMS AND CONDITIONS.
WE LOOK FORWARD TO EXPLORING WITH YOU!
DEFINITIONS
ANY REFERENCE TO “VDK” IN THIS AGREEMENT INCLUDES VAN DE KAAP TRAVEL AND TOURS AS WELL AS THEIR MEMBERS, EMPLOYEES, GUIDES, VOLUNTEERS, SPONSORS, PARTNERS AND INDEPENDENT CONTRACTORS, REPRESENTATIVES AND ANY OTHER INDIVIDUAL(S)/AFFILIATE(S) ASSOCIATED WITH AND RELATED TO THE ORGANISATION AND/OR MANAGEMENT.
ANY REFERENCE TO "ACTIVITY” OR "ACTIVITIES" INCLUDES ACTIVITY/IES ORGANISED/PROVIDED/EXECUTED BY VDK, INCLUDING BUT NOT LIMITED TO ALL ACTIVITIES RELATED (WHETHER DIRECTLY OR INDIRECTLY) TO TOURING, HIKING, TREKKING, RUNNING, WALKING, CLIMBING, SWIMMING, ASSOCIATED ACCOMMODATION, TRAVEL/TRANSPORTATION AND THE CONSUMPTION OF FOOD/DRINK ITEMS.
I VOLUNTARILY UNDERSTAND AND AGREE THAT:
(I) VDK ARE NOT RESPONSIBLE FOR ANY DEATH, ILLNESS, INJURY, TRAUMA, LOSS AND/OR DAMAGE OF ANY KIND SUSTAINED BY ME WHILE PARTICIPATING IN A HIKE AND/OR ANY RELATED ACTIVITIES, CAUSED IN ANY MANNER WHATSOEVER;
(II) IT IS NOT THE RESPONSIBILITY OF VDK TO ENSURE THAT ANY PERSON IS IN A SUITABLE PHYSICAL CONDITION OR HAS THE NECESSARY SKILLS AND/OR SUITABLE EQUIPMENT TO UNDERTAKE ANY ACTIVITY AND PARTICIPATION IS SOLELY AT MY OWN RISK;
(III) I AM PHYSICALLY FIT AND CAPABLE, AND I HAVE THE NECESSARY TRAIL EXPERIENCE TO UNDERTAKE AN ACTIVITY OF THIS NATURE AND/OR TO PARTICIPATE IN OTHER ACTIVITIES OFFERED BY VDK;
(IV) THE MENTAL AND PHYSICAL EXERTION OF HIKING AND TREKKING AND THE FORCES EXERTED ON THE MIND AND BODY CAN ACTIVATE OR AGGRAVATE PRE-EXISTING INJURIES, CONDITIONS, OR SYMPTOMS;
(V) ACTIVITIES TYPICALLY TAKE PLACE IN ROUGH, RUGGED AND POTENTIALLY DANGEROUS LANDSCAPES AND THAT I WILL BE GUIDED OVER STEEP, UNEVEN, SLIPPERY, AND HAZARDOUS TERRAIN USING TRACKS, TRAILS AND/OR PATHWAYS;
(VI) IF PARTICIPANTS(S) - INCLUDING MYSELF - USE AN INHALER AND/OR REQUIRE AN EPINEPHRINE (EPIPEN), AND/OR MEDICATION (CHRONIC OR OTHERWISE), THEY ARE RESPONSIBLE FOR BRINGING THEIR OWN MEDICATION FOR SELF-ADMINISTRATION DURING THE ENTIRE ACTIVITY, AND THAT VDK DOES NOT PROVIDE INHALER OR EPINEPHRINE (EPIPEN) AND/OR ANY MEDICATIONS;
(VII) PART OF THE APPEAL OF HIKING LIES IN THE ATTENDANT RISKS, DANGERS AND CHALLENGES AND I HEREBY ACCEPT SUCH IN THE SPIRIT OF THE ADVENTURE WHICH IS TRAIL HIKING.
I UNDERSTAND THAT DANGERS (INHERENT OR OTHERWISE), HAZARDS, AND RISKS INCLUDE BUT ARE NOT LIMITED TO:
(I) RISK OF INJURY FROM HIKING AND TREKKING ON NATURAL TERRAIN IS SIGNIFICANT INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY AND/OR DEATH;
(II) RISK OF INJURY FROM THE USE OF MANMADE INFRASTRUCTURE (ROPES, LADDERS, CHAINS, FOOTPATH STABILISATION, OVERNIGHT FACILITIES) IS SIGNIFICANT INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY AND AND/OR DEATH;
(III) RISK OF ACCIDENTAL PHYSICAL INJURIES AS A RESULT OF FALLING, SLIPPING, TRIPPING SUCH AS MUSCULAR INJURIES, BRUISES, CUTS, SPRAINS, DISLOCATIONS, BURN WOUNDS, BROKEN BONES, AND BACK, NECK, HEAD, FACIAL AND DENTAL INJURIES WHICH MAY RESULT IN SEVERE IMPAIRMENT OR EVEN DEATH;
(IV) RISK OF ILLNESS RESULTING FROM FOOD POISONING AND/OR PARASITES (FOR EXAMPLE, TICK BITE FEVER);
(V) ALL “ACTS OF NATURE” INCLUDING BUT NOT LIMITED TO ROCK FALL, INCLEMENT WEATHER, THUNDER AND LIGHTING, SEVERE AND OR VARIED WIND, COLD WEATHER AND HEAT RELATED INJURIES AND/OR ILLNESS (SUCH AS FROST BITE, HEAT EXHAUSTION, HEAT STROKE, SUNBURN, HYPOTHERMIA AND DEHYDRATION) AND OTHER WEATHER CONDITIONS;
(VI) MY OWN NEGLIGENCE AND/OR THE NEGLIGENCE OF OTHERS, INCLUDING EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND/OR REPRESENTATIVES;
(VII) ATTACKS AND/OR PHYSICAL CONFRONTATIONS OR ENCOUNTERS WITH ANY LIVING CREATURE INCLUDING OTHER PERSON(S), INSECTS, ANIMALS (WILDLIFE OR DOMESTICATED);
(VIII) ACCIDENTS OR ILLNESS OCCURRING IN REMOTE PLACES WHERE THERE ARE NO AVAILABLE MEDICAL FACILITIES AND/OR THE RISKS ASSOCIATED WITH CROSSING, CLIMBING OR DOWNCLIMBING OF ROCK AND/OR STEEP SLOPES;
(IX) RISK AND EXPOSURE TO POSSIBLE CRIMINAL ACTIVITY INCLUDING BUT NOT LIMITED TO THEFT AND/OR POACHING.
I UNDERSTAND THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE OR EXHAUSTIVE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS, OR DEATH.
I AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND FULLY ASSUME ALL THE ABOVE RISKS, AS WELL AS OTHER RISKS SET FORTH OR NOT IN THIS AGREEMENT, BOTH UNKNOWN AND KNOWN, VOLUNTARILY, TO THE FULLEST EXTENT PERMITTED BY LAW.
AS A PARTICIPANT IN THIS ACTIVITY/HIKE/TOUR, I HEREBY AGREE TO THE FOLLOWING:
(I) TO WAIVE ANY AND ALL CLAIMS THAT I HAVE NOW OR MAY IN THE FUTURE HAVE AGAINST ALL OF WHOM ARE REFERRED TO AS VDK.
(II) TO RELEASE VDK FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, TRAUMA (MENTAL AND/OR PHYSICAL), EXPENSE AND/OR INJURY INCLUDING DEATH THAT I MAY SUFFER, OR THAT MY NEXT OF KIN MAY SUFFER AS A RESULT OF MY PARTICIPATION IN VDK ACTIVITIES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF VDK, AND FURTHER INCLUDING THE FAILURE ON THE PART OF VDK AND/OR THE VARIOUS PROPERTY OWNERS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND/OR HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE.
(III) TO NOT BRING ANY CLAIMS, DEMANDS, LEGAL ACTION AND/OR CAUSES OF ACTION AGAINST VDK AND/OR VDK INSURANCE CARRIERS, FOR ANY ECONOMIC AND/OR NON-ECONOMIC LOSSES DUE TO INJURY, DEATH, DAMAGE TO PROPERTY, FIRES, PENALTIES OR LOSS SUSTAINED BY ME, DIRECTLY OR INDIRECTLY, IN RELATION TO ACTIVITIES HELD BY AND/OR THE OPERATIONS OF VDK, EVEN IF/WHEN SUCH ACTIVITIES/OPERATIONS RESULT IN HOSPITALISATION AND/OR RESULT IN LASTING RESIDUAL EFFECTS, IN TERMS OF WHICH I UNDERTAKE FULL RESPONSIBILITY FOR ANY AND ALL SUCH HARM OR INJURY THAT MAY OCCUR TO MYSELF AND/OR MY ASSETS.
(IV) IN THE UNLIKELY EVENT OF AN ACCIDENT OCCURRING, I AUTHORISE A REPRESENTATIVE OF VDK TO ACT ON MY BEHALF TO SECURE MEDICAL TREATMENT.
(V) TO INDEMNIFY AND HOLD HARMLESS VDK FROM ANY AND ALL LIABILITY FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES TO THE PROPERTY OF THE RELEVANT HIKING VENUE, OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PARTICIPATION IN THIS HIKING EVENT AND ALL RELATED ACTIVITIES.
I PLEDGE TO NOT HARM OR DISTURB ANY FAUNA, FLORA, MARINE LIFE, ARCHAEOLOGICAL FEATURES OR TRAIL INFRASTRUCTURES; AND I PLEDGE TO NOT LITTER, BRING ALONG ANY (UNSANCTIONED) PET, MAKE ANY (UNSANCTIONED) FIRES, OR CARRY A FIREARM/WEAPON WHILE ENGAGING IN THE VDK ACTIVITY (FROM START TO FINISH).
(VI) TO CONSENT THAT ANY IMAGES OR VIDEOS TAKEN BY VDK DURING THE HIKE/ACTIVITY CAN BE USED AND SHARED BY VDK.
(VII) THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES, IN THE EVENT OF MY DEATH OR INCAPACITY.
(VIII) THIS AGREEMENT AND ANY RIGHT, DUTIES AND OBLIGATIONS AS BETWEEN THE PARTIES TO THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED SOLELY IN ACCORDANCE WITH THE LAWS OF SOUTH AFRICA AND NO OTHER JURISDICTION.
(IX) IN ENTERING INTO THIS AGREEMENT, I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY VDK OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
I CONFIRM AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS FOUND BY A COURT TO BE VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN VALID IN FULL FORCE AND EFFECT AND BINDING UPON THE PARTIES. I ALSO AGREE THAT THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED UNDER APPLICABLE LAW.
I AM CHOOSING TO PARTICIPATE IN THIS VDK ACTIVITY/HIKE/TOUR. I AM OF LEGAL AGE AND COMPETENT TO ACCEPT THIS INDEMNITY DISCLAIMER (MY PARENT/GUARDIAN OR CARER WILL ACCEPT ON MY BEHALF IF I AM A MINOR). I HEREBY ACKNOWLEDGE AND AFFIRM THAT I HAVE BEEN FULLY INFORMED OF THE INHERENT DANGERS, HAZARDS AND RISKS ASSOCIATED WITH THE ACTIVITY/IES IN WHICH I AM ABOUT TO ENGAGE. I HAVE READ THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND, ACKNOWLEDGE, AND ACCEPT THE AGREEMENT AND ITS TERMS FREELY AND VOLUNTARILY. I ALSO ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BOOKING A VDK ACTIVITY/TOUR/HIKE INDICATES AUTOMATIC ACCEPTANCE OF THIS INDEMNITY AND THE TERMS AND CONDITIONS THEREIN AND I AGREE TO BE BOUND BY THEM (ON BEHALF OF MYSELF AND EVERYONE IN THE GROUP I AM BOOKING FOR).
KINDLY ADHERE TO THE VDK LEAVE NO TRACE POLICY. THESE PRINCIPLES CONTINUE EFFORTS TO REDUCE HUMAN IMPACT ON NATURE. WE APPRECIATE YOUR EFFORTS TO PROTECT OUR ENVIRONMENT!
POOR ADVANCE PREPARATION CAN CAUSE DAMAGE TO THE ENVIRONMENT.
ONLY USE ESTABLISHED TRAILS. ONE CARELESS STEP CAN CAUSE A TREND OF IMPACT.
IMPROPER DISPOSAL OF FOOD, TRASH, URINE, FECES, AND WASTEWATER NOT ONLY AID THE SPREAD OF DISEASE BUT ALSO CHANGES THE HABITS OF WILDLIFE AND SPOILS THE SCENERY. DO NOT LEAVE BEHIND BANANA, ORANGE, OR APPLE PEELS/CORES/PIPS. TAKE ALL GARBAGE HOME WITH YOU, INCLUDING HYGIENE PRODUCTS.
REMOVING OR ALTERING NATURAL OR HISTORIC ITEMS HARMS WILDLIFE, SCENERY, AND CULTURAL VALUES. DO NOT COLLECT NATURAL ITEMS OR MOVE THEM. LEAVE ROCKS, PLANTS, AND OTHER NATURAL OBJECTS AS YOU FIND THEM. BE AWARE OF LOCAL INVASIVES AND PREVENT THEIR SPREAD THROUGH TRANSPORTATION. HELP PRESERVE HISTORICAL OR CULTURAL SITES.
FIRES CAN CAUSE LASTING IMPACTS TO THE WILDERNESS. DO NOT LIGHT A FIRE. WHEN ENGAGING IN MULTI-DAY HIKES/CAMPS PLEASE USE A LIGHTWEIGHT STOVE FOR COOKING.
WHEN WILDLIFE OBTAIN HUMAN FOOD, OR HUMANS APPROACH THEM TOO CLOSELY, THEY MAY LOSE THEIR WILD HABITS, SPREAD DISEASE, AND BECOME NUISANCES OR SAFETY HAZARDS. NEVER FEED ANIMALS AND KEEP FOOD AND GARBAGE WHERE ANIMALS CAN'T REACH IT. WATCH ANIMALS FROM A SAFE DISTANCE AND MINIMISE YOUR SOUND AND GENERAL PRESENCE. AVOID WILDLIFE DURING SENSITIVE TIMES. USE PROPER FOOD STORAGE PROCEDURES.
HIKE YOUR OWN TRAIL BUT REMEMBER THAT INCONSIDERATE BEHAVIOUR DETRACTS FROM THE EXPERIENCE FOR OTHERS. USE THE RIGHT OF WAY RULES. USE QUIET VOICES AND BE RESPECTFUL WITH THE USE OF ELECTRONICS, MUSIC, AND DRONES. PRESERVE THE PAST WHEN EXAMINING & PHOTOGRAPHING BY NOT TOUCHING CULTURAL OR HISTORIC STRUCTURES AND ARTIFACTS.
