VDK Terms & Conditions
Please take the time to read our T's and C's. If you book a tour or hike with us, it is assumed that you have read and accepted these terms and conditions.
DEFINITIONS
Henceforth, the tour operator Van De Kaap Travel and Tours will be referred to as VDK, and the party purchasing a tour/hike with VDK 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, freelance guides, volunteers, sponsors, partners and independent contractors, representatives and any other individuals/affiliates associated with and related to the organisation and/or management.
BOOKINGS & PAYMENTS
Your payment of the total fee due confirms your booking and reserves your dates. Unless there is a written agreement otherwise, failure to meet these terms can result in forfeiture 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: the pricing of tours may vary, the scheduling of tours and activities may be adjusted, the planned activities within the itinerary may be altered.
REFUND POLICY FOR DAY TOURS/HIKES
Cancellations made more than 24 hours before the scheduled tour or hike starting time are eligible for a 90% refund of the amount paid, with the remaining 10% retained to cover bank charges, processing costs, and other service fees. Payments/bookings made with third parties may be forfeited, depending on their terms. Any rental equipment deposits paid may also be forfeited, depending on the terms of the supplier. Cancellations made 24 hours or less before the scheduled start time are not eligible for any refund. Payments/bookings made with third parties may be forfeited, depending on their terms. Any rental equipment deposits paid may also be forfeited, depending on the terms of the supplier.
REFUND POLICY FOR MULTIDAY TOURS/HIKES
Cancellations made more than 7 days before the scheduled tour or hike starting time are eligible for a 50% refund of the VDK guiding fee paid, with the remaining 50% retained to cover bank charges, processing costs, and other service fees. Payments/bookings made with third parties may be forfeited, depending on their terms. Any rental equipment deposits paid may also be forfeited, depending on the terms of the supplier. Cancellations made less than 7 days before the scheduled start time are not eligible for any refund. Payments/bookings made with third parties may be forfeited, depending on their terms. Any rental equipment deposits paid may also be forfeited, depending on the terms of the supplier.
REFUND POLICY FOR "NO SHOWS"
Failure to arrive at the agreed departure point and time for any tour, hike, or activity (a "no show") will result in the forfeiture of 100% of all amounts paid, and no refund will be issued.
REFUND POLICY FOR ACTIVITIES CANCELLED BY THIRD PARTIES
If a tour, hike, or activity is cancelled by a reserve, landowner, government authority, or third-party manager (including but not limited to SANParks, CapeNature, or similar organisations) due to any reason beyond our control, any refund to the client will be subject to the refund received by us from the relevant third party. The third party may provide a full refund, partial refund, credit, or alternative date. Refunds will only be processed after we have received the applicable refund from the third party.
REFUND POLICY FOR SERVICES PROVIDED BY THIRD-PARTY OPERATORS
Activities, services, and products provided by third-party operators (including but not limited to quad biking, paragliding, safaris, boat trips, accommodation providers, hiking trails, nature reserves, and the Table Mountain Aerial Cableway) are subject to the cancellation, refund, and operational policies of those operators. Where such services form part of your booking, their terms and conditions may apply in addition to our own. Clients are encouraged to request clarification before confirming a booking.
ACCEPTANCE OF RISK
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 will be 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.
FORCE MAJEURE CLAUSE
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. 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: NOTIFICATION: VDK shall inform the client as soon as reasonably possible upon becoming aware of the force majeure event affecting the services under this contract. SUSPENSION OF SERVICES: VDK’s obligations under this contract will be suspended for the duration of the force majeure event. LIMITATION OF LIABILITY: VDK shall not be liable for any delay or failure to fulfil its obligations if such delay or failure is due to a force majeure event. REFUNDS AND CANCELLATIONS: If the force majeure event persists and significantly affects the tour/hike, VDK will offer the client the choice of a full refund of any payments made for services not rendered, or an alternative tour/hike of equivalent value, subject to availability. TERMINATION: If the force majeure event continues beyond a period of 60 days, either party may terminate the contract without penalty.
INSURANCE
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.
SAFETY WARNINGS
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, CapeNature 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.
MINDFULNESS
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, CapeNature, etc.), we will reschedule the hike and inform you promptly. SAFETY: If you act 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. EVACUATION: 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.
WITHDRAWAL OF TOUR OPERATOR
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.
MODIFICATIONS TO TERMS & CONDITIONS
VDK reserves the right to make changes to these terms & conditions from time to time at its sole discretion.
AGREEMENT
Payment of the booking fee secures the client’s acquiescence to adhere to these terms and conditions.
THANK YOU FOR TAKING THE TIME TO READ OUR Ts & Cs
Thank you for reviewing these terms and conditions. We are available for clarifications before booking. We look forward to exploring with you!